Family Educational Rights and Privacy Act - FERPA
The
Federal Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. A summary of these rights is outlined below:
1. The right to inspect and review the student’s records within 45 days of the date NSCC received a request for access. Students should submit to the Office of the Registrar written requests that identify the record(s) they wish to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected.
2. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask NSCC to amend a record that they believe is inaccurate or misleading. The student must clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If NSCC decides not to amend the record as requested by the student, NSCC will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official includes contractors, consultants, volunteers, and other outside service providers used by NSCC to perform institutional services and functions; a person employed by NSCC in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
4. NSCC has designated certain types of information as “directory information.” This includes the student’s town of residence, degree information (this includes graduation date, honors status, and the degree program in which the student is enrolled), and enrollment status (this consists of dates of enrollment and full or part-time status) and Dean’s List/other Academic Awards. Directory information may be released by the college to a requesting third party without a student’s prior written consent. Students may request to restrict release of this information, and this data will not be released except as authorized by law.
Requests to restrict Directory Information must be made in writing to the Office of the Registrar. A student must notify the College’s Office of the Registrar in writing within two (2) weeks of the beginning of each semester if s/he does not wish to have any or some of his/her student information designated as directory information. The College assumes that failure of any student to do so indicates approval for release. Once requested, a student’s record will be flagged as confidential, and the College will release no information to any requester under any circumstances except as authorized by FERPA, such as a court order. The request will remain in place until the student rescinds the request.
5. Notwithstanding the College’s definition of directory information, the Department of Defense (DOD) pursuant to the Omnibus Consolidated Appropriations Act of 1997 (the Solomon Amendment), identifies the following information as “student recruiting information”: student name, address, email address, telephone listing, date of birth, place of birth, level of education, degree awarded, most recent educational institution attended, and current major. If the College receives a request for student recruiting from the DOD or one of its affiliated agencies, the College will release the student recruiting information requested. Because the information sought by the DOD may include information not designated as directory information under the College’s policy, compliance with the DOD’s request may result in the release of personally identifiable information. When student recruiting information is released pursuant to the DOD request, notice of the request and release of the information will be posted in a conspicuous location in the College’s Office of the Registrar for a period equaling an academic year.
6. If a student has exercised his or her right to request that no information (See #4) be designated as directory information, then no information shall be released to any third party, including the DOD, health insurance companies, and prospective employers. Additionally, his/her name will not be displayed in the commencement program or associated with other graduation events and/or publications.
7. The right to file a complaint with the U.S. Department of Education concerning alleged failures by NSCC to comply with the requirements of FERPA. The name and address of the office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue
SW Washington, DC 20202-5901
Additional FERPA information is available at the Office of the Registrar.