Release of Educational Records

FERPA Guidelines & Requirements

DEFINITIONS

For the purposes of this procedure Northland Pioneer College has used the following definitions of terms:

Student: any person who attends or has attended Northland Pioneer College.

Education Record: Any record (in handwriting, print, tapes, film, computer, or other medium) maintained by Northland Pioneer College or an agent of the College which is directly related to a student, except:

1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
2. An employment record of an individual whose employment is not contingent of the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
3. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for the treatment of a student and made available only to those persons providing the treatment.
4. Alumni records which contain information about a student after he or she is no longer in attendance at the College and which do not relate to the person as a student.

ANNUAL NOTIFICATION

Students will be notified of their FERPA (Family Educational Rights and Privacy Act) rights by publication in the schedule of classes each semester and the College catalog.

PROCEDURE TO INSPECT EDUCATIONAL RECORDS

Students may inspect and review their educational records upon request to the appropriate record custodian.

Students should submit to the record custodian or appropriate College staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

The record custodian 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 within 45 days or less from the date of 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.

LIMITATION ON RIGHT OF ACCESS

Northland Pioneer 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 maintained before January 1, 1975.
3. Records connected with an application to attend Northland Pioneer College or a component unit of Northland Pioneer College if that application was denied.
4. Those records which are excluded from the FERPA definition of educational records.

REFUSAL TO PROVIDE COPIES

Northland Pioneer College reserves the right to deny copies of student records, including transcripts, not required to be made available by FERPA in any of the following situations:

1. The student lives within commuting distance of Northland Pioneer College.
2. The student has an unpaid financial obligation to the College.
3. There is an unresolved disciplinary action against the student.
4. The education record requested is an exam or set of standardized test questions.

FEES FOR COPIES OF RECORDS

The fee for copies will be $0.10 per page.

TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATIONAL RECORDS

*(Student educational records not included in the types listed above such as minutes of faculty committee meetings, copies of correspondence in offices not listed, etc.)

DISCLOSURE OF EDUCATIONAL RECORDS

Northland Pioneer College will disclose information from a student's education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:

1. To school officials who have a legitimate educational interest in the records.
   A school official is:
   1. A person employed by the College in an administrative, supervisory, academic or research, or support staff position.
   2. A person elected to the Navajo County Community College District Governing Board
   3. A person or company with whom the College has a contract, such as an attorney, auditor or collection agent.
   4. A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.
   A school official has a legitimate educational interest if the official is:
   1. Performing a task that is specified in his or her position description or contract agreement.
   2. Performing a task related to a student's education.
   3. Performing a task related to the discipline of a student.
   4. Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
   5. Maintaining the safety and security of College's educational sites.
2. To officials of another school, upon request, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and State and local educational authorities, in connection with audit or evaluation of certain State or federally supported education programs.
4. In connection with a student's request for or receipt of financial aid to determine the eligibility, amount, or condition of the financial aid, or to enforce the terms and conditions of the aid.
5. To State and local officials or authorities if specifically required by a State law that was adopted before November 19, 1974.
6. To organizations conducting certain studies for or on behalf of the College.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who is claimed as a dependent of income tax purposes.
9. To comply with a judicial order or a lawfully issued subpoena.
10. To appropriate parties in a health or safety emergency.
11. To individuals requesting directory information so designated by the College.
12. The results of any disciplinary proceeding conducted by the College against an alleged perpetrator of a crime of violence to the alleged victim of that crime.
13. Disclosure to a parent of a student under 21 if the College determines that the student has committed a violation of its drug or alcohol rules or policies.

RECORD OF REQUESTS FOR DISCLOSURE

Northland Pioneer College will maintain a record of all requests for and/or disclosures of information from a student's education records. The record will indicate the name of the party making the request and the legitimate interest the party had in requesting the information. The record may be reviewed by the eligible student.

DIRECTORY INFORMATION

Northland Pioneer College designates the following items as Directory Information: student name, address, telephone number, email address, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, photograph, audio or video recordings and the most recent previous school attended. The College may disclose any of those items without prior written consent, unless notified in writing to the contrary by the end of the second week of classes of the fall semester, or the second week of spring semester if student was not in attendance fall semester. Student must notify the College each year they are in attendance if they do not want their directory information disclosed.

CORRECTION OF EDUCATIONAL RECORDS

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records.

1. A student must ask the Vice President for Learning and Student Services of Northland Pioneer College to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
2. Northland Pioneer College may comply with the request or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise the student of his or her rights to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's privacy rights.
3. Upon request, Northland Pioneer College will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and the time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education record. The student may be assisted by one or more individuals, including an attorney.
5. Northland Pioneer College will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If Northland Pioneer College decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
7. If Northland Pioneer College decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he or she have the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
8. The statement will be maintained as a part of the student's education records as long as the contested portion is maintained. If Northland Pioneer College discloses the contested portion of the record, it must also disclose the statement.