FERPA

Students may inspect and review their education records upon request to the appropriate record custodian. Students should submit to the record custodian or an appropriate College staff person a written request which identities as precisely as possible the record or records he or she wishes to inspect.

The College Registrar or an appropriate College staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 30 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him/her.

The student may request and receive interpretation of his/her record from the person (or designee) responsible for the maintenance of the record.

The student may obtain copies of his/her educational records upon written request, for which the College may charge the current copying charge per page. This does not entitle a student to an official transcript, for which there is a higher charge and which will be withheld if the person owes the College money or property.

Barton Community College reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student's parents

2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975. Waivers are subject to the following conditions:

a. Waivers can be signed only for the specific purposes of application for admission, candidacy for honor or honorary recognition (including financial aid based in part on merit), and candidacy for employment.
b. Waivers cannot be required.
c. The student shall be told, upon request, the names of those supplying references.

3. Those records which are excluded from the FERPA definition of education records.

FERPA permits the disclosure of PII from students' education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student.

• To other school officials, including instructors, within Barton Community College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1)).
   
• A "school official" is a person who serves as a trustee or officer of Barton Community College; a person employed by Barton Community College on a full-time, part-time, or temporary basis to perform executive, administrative, supervisory, staff, academic, counseling, student-related, athletic, research, or other duties, or any clerical or support person who provides assistance to such persons; or a person employed under a contract with Barton Community College to perform any such duties. 
   
  • Whether the information to be disclosed is necessary for that official to perform an appropriate task that comes within or is consistent with the official's job duties or the duties spelled out in the official's contract;
     
  • Whether the information is to be used for Barton Community College business and not for purposes extraneous to the official's job duties or the duties spelled out in the official's contract;
     
  • Whether the information is relevant to a task, determination, proceeding, or other matter relating to the student; and
     
  • Whether the information is to be used in a manner consistent with the purpose or purposes for which the education record is maintained.
     
• Barton Community College shall determine on a case-by-case basis whether a school official has a legitimate educational interest in the disclosure of personally identifiable information from an education record, based on application of the following considerations:
   
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
   
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university's State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
   
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4)
   
• The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: Develop, validate, or administer predictive tests; Administer student aid programs; or Improve instruction. (§99.31(a)(6)) Where:
  • The school enters into a written agreement with the organization that:
    • Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed
    • Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;
    • Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests
    • Requires the organization to destroy or return to the school all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be returned or destroyed
       
• To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7)) ;
   
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
   
• To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
   
• To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
   
• Information the school has designated as "directory information" under §99.37. (§99.31(a)(11))
   
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
   
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school's rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
   
• To parents of a student regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Barton Community College maintains with the student's education records a record of each request and each disclosure, except for:

• Disclosures to the student himself or herself.
   
• Disclosures made pursuant to the written consent of the student (the written consent itself suffices as a record).
   
• Disclosures to Barton Community College instructional or administrative officials
   
• Disclosures of directory information. This record of disclosures may be inspected by the student, the official custodian of the records, and other officials of Barton Community College and governmental officials.
   
• When information from an education record is disclosed pursuant to a health or safety emergency, Barton Community College will maintain a record with the following additional information:
   
  • The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure, and
     
  • The parties to whom Barton Community College disclosed the information.

Students have the right to ask to have records corrected that they believe are misleading, inaccurate, or in violation of their privacy rights. If the student considers the record faulty, he/she can request and receive an informal and/or formal hearing of the case to the end that the record will be corrected if judged faulty or in violation of privacy:

a. The informal hearing will be in conference with the person (or designee) responsible for the maintenance of the record, and where appropriate, the party or parties authorizing the record segment in question.

b. The student may request a formal hearing by submitting a written request to the College Registrar in which he/she must designate the location of the record in question and a brief explanation of the reason for faulting the record. Hearing officer shall be selected by the College Registrar from a pool of persons who are officials of the College. The hearing officer selected should be a disinterested party to the dispute who will conduct an administrative hearing with both parties present.

The hearing shall be held within a reasonable period of time; notice of the date, place, and time must be given reasonably in advance. The student shall be afforded a full and fair opportunity to present relevant evidence and may be assisted or represented by any person of his/her own choosing (including an attorney at his/her own expense). When appropriate, affected College offices will be notified of the hearing and given a chance to respond to the student's assertions. A written decision based upon the evidence presented or gathered shall be prepared within a reasonable amount of time and shall include a summary of the evidence and the reasons for the decision. The judgment of the hearing officer shall be final and the record shall be changed or retained as recommended.

If the institution decided the information is accurate, it shall inform the student of his/her right to place in the educational record a statement commenting upon the information and/or noting any reasons for disagreeing with the decision. Any statement of this sort shall be maintained as long as the student's educational record or contested portion is maintained; if the student's educational record or contested portion is disclosed to any party, the student's statement shall also be disclosed.

Directory Information is limited to: name, address(es), telephone number(s), email address (except as limited below), dates of attendance, classification (freshman, sophomore, etc.), enrollment status (full-time, half-time, etc.), class type (day, evening, etc.), previous institution(s) attended, major field(s) of study, awards, honors (includes Dean's Honor Roll), degrees conferred (including dates), past and present participation in officially recognized sports and activities, physical factors (height, weight of athletes).

Students may withhold free disclosure of Directory Information (on all or none basis) to non-institutional persons or organizations. Students have the option to protect their privacy and not have such information as address and telephone number released. A written request to withhold this information should be submitted to the Office of Enrollment Services. Otherwise, the College assumes that you approve of disclosure of that information. Requests will be honored for only one academic year; therefore, requests to withhold Directory Information must be filed annually.

Barton Community College does not define email addresses in bulk as Directory Information. Listings of multiple student email addresses are not produced for any purpose.