FERPA for Faculty
What are FERPA rights?
Students have three primary rights under FERPA. They
have the right to:
- inspect and review their education records;
- have some control over the disclosure of information from their education record;
- 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 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 Enrollment Services
Office in Gaiser Hall 128. The complete form must be submitted
in person to the Enrollment Services Office with
photo ID.
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 others will be denied
any directory information and will be told: "We have no information about that person."
Parent's
access to a student's records
At the postsecondary level, parents have no inherent
rights to access or inspect their children's' education records.
This right is limited solely to the student. At Clark College, records may
be released to parents only if the student submits to the Enrollment Services Office
a signed release form along with photo ID 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 to be considered or
questions to be asked in making a decision to release such information in these
situations are: (1) the severity of the threat to the health or safety of those
involved; (2) the need for the information; (3) the time required to deal with
the emergency; (4) the ability of the parties to whom the information is to be
given to deal with the emergency. Contact the Registrar for assistance
in making this decision.