What are FERPA rights?
Students have three primary rights under FERPA. They
have the rights to: inspect and review their education records;
have some control over the disclosure of information from their
education record, and seek to amend their education records, under
certain circumstances.
When do FERPA rights begin?
A student's FERPA rights begin when the student registers
and attends his/her first class. NOTE: Students who originally sought
admission to one program of study at the college and are denied,
but subsequently are admitted and enrolled in a different program
of study have FERPA rights only in their admitted/enrolled program
of study.
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.
Withholding
the release of information
According to FERPA, a student can request, while
still enrolled, that the institution not release any directory information
about him/her. Institutions must comply with this request. At Clark
College, students who wish to restrict the release of directory
information about themselves must complete a "Request To Restrict
Directory Information" form, available by visiting the registration
office in PSU 002. Students have the choice of restricting on-line
student directory information or they can restrict the release of
all of their directory information. The completed form must be submitted
in person to the Registrar's office and must be accompanied by a
photo I.D.
Students who
wish to restrict directory information should realize that THIS
ACTION COULD HAVE NEGATIVE CONSEQUENCES. The names of students who
have restricted their directory information will not appear in the
commencement bulletin and other college publications. Also, employers,
loan agencies, scholarship committees and the like will be denied
any of your directory information and will be told: "I'm sorry,
but we have no information available about this person's attendance
at Clark College."
Parent's
access to a student's records
At the postsecondary level, parents have no inherent
rights to access or inspect their son or daughter's education records.
This right is limited solely to the student. At Clark College, records may
be released to parents only if they have been given a written release
by the student or in compliance with a subpoena.
Crisis
situations/Emergencies
If non-directory information is needed to resolve
a crisis or emergency situation, an education institution may release
that information if the institution determines that the information
is "necessary to protect the health or safety of the student
or other individuals." Factors considered in making this assessment
are: the severity of the threat to the health or safety of those
involved; the need for the information; the time required to deal
with the emergency; and the ability of the parties to whom the information
is to be given to deal with the emergency.
