WHAT IS FERPA (FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT)?The Family Educational Rights and Privacy Act of 1974, as amended (also sometimes referred to as the Buckley Amendment), is a federal law regarding the privacy of student records and the obligations of the institution, primarily in the areas of release of the records and the access provided to these records. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld.
WHAT ARE EDUCATION RECORDS?Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. Education records can exist in any medium, including: typed, computer-generated, videotape, audiotape, film, microfilm, microfiche and email, among others.
Education records DO NOT INCLUDE such things as:
- Sole possession records, i.e., records/notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person except a temporary substitute for the maker of the record (this might include notes an instructor makes while providing career/professional guidance to a student).
- Medical treatment records that include but are not limited to records maintained by physicians, psychiatrists, and psychologists. These records are usually protected under another law—Health Insurance Portability and Accountability Act HIPA).
- Employment records when employment is not contingent on being a student, provided the record is used only in relation to the individual's employment.
- Records created and maintained by a law enforcement unit (campus safety) used for only that purpose, that are revealed only to law enforcement agencies of the same jurisdiction, and the enforcement unit does not have access to education records.
ACCESS TO STUDENT EDUCATION RECORDS:College officials (defined as any person employed by the College in an administrative, supervisory, academic, research or support staff position, or a person employed by or under contract to the College to perform a specific task) are permitted to access FERPA protected information IF they have a "legitimate educational interest". A “legitimate educational interest” is one that is specified in the college official’s position, description, or by a contract agreement, performing a task related to a student's education, performing a task related to the discipline of a student, providing a service or benefit relating to the student or student's family (such as health care, counseling, job placement or financial aid) or disclosure of information in response to a judicial order or legally issued subpoena.
According to FERPA, personally identifiable information in an education record may not be released to anyone but a college official without prior written consent from the student. Listed below are examples of information that MAY NOT BE RELEASED without prior written consent of the student:
- Citizenship
- Disciplinary status
- Ethnicity
- Gender
- Grade-point average (GPA)
- Number of units completed
-SSN/student I.D.
- Grades/exam scores
- Test scores (e.g., placement tests,CLEP, AP, SAT, etc.)
- Progress reports
WHAT IF THE STUDENT IS UNDER 18 YEARS OF AGE:
-Family Educational Rights and Privacy Act (FERPA)-
Under this Act, students attending an institution of higher learning become an adult when it comes to their educational records at that institution. It is the policy of the Coast Community College District, in accordance with FERPA, to not release/discuss a student’s records without the signed release from the student, regardless of age, authorizing the release of that information to anyone except the student.
Golden West College will not release personally identifiable information from a student's education record without the student's prior written consent. Regardless of the student’s age, parents are not permitted access to their son or daughter's education records unless the student has provided written authorization. In order to provide written authorization. the student must complete a FERPA Release form. Both the student and the person they are authorizing the release of information to must be present and show photo ID. Please contact arinfo@gwc.cccd.edu for more information.
STUDENT'S RIGHT TO REVIEW AND CORRECT HIS/HER RECORDS:
Any currently enrolled or former student shall have access to any and all of their records on file at the college. Such access will be granted within 15 working days of a written request and shall be subject to procedures established by the Director of Admissions, Records, the Director of Financial Aid for financial aid records, the Dean of Counseling Services for counseling records, and the Vice President of Student Services for other records.
Students, by written request to the above administrator, may challenge the content of their records pursuant to the Education Code, Section 76232. Such challenges will be processed according to procedures established by those responsible administrators.
TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS
Custodian Academic Records = Enrollment Services Office:Director of Admissions, Records and Enrollment
Services Financial Aid Records = Financial Aid: Director of Financial Aid Student
Conduct Records = Office of the Dean of Students: Dean of Students
Counseling Records = Counseling Division: Dean of Counseling