IS-2528 Family Education Rights and Privacy Act (FERPA)

Administrative Directive

Introduction

1. Education Records and Directory Information
2. Disclosure of Education Record Information
3. Annual FERPA Notification
4. Types, Locations and Custodians of Educational Records
5. Access and Inspection of Educational Records
6. Records Not Available Under FERPA
7. Correction of Education Record
8. Education Record Hearing
9. Copies of Education Records
10. Definitions

Introduction

The Family Educational and Rights of Privacy Act of 1974 (FERPA), as amended, is a federal law that protects the privacy of education records of all current and former students of higher education institutions. FERPA rights take effect once a student attends class.

FERPA grants students the right to inspect, review, and request amendments to their education records. This document defines education records and directory information, identifies the type, locations and custodians of these records, and explains the process for accessing, inspecting, and correcting education records.

1. Education Records and Directory Information

2. Disclosure of Education Record Information

Directory Information

2.2 Directory information may be released upon request unless a written request to withhold this information is on file in the Student Records Office.

Request forms to withhold information may be obtained at the Main Campus Student Records Office or online at FERPA Confidentiality Request Form.

Consent to Release Education Records and Information

2.3 Students may consent, in writing, to the release of specified education records to others, provided that the student specify the records to be released, identify the recipient, and provide reasons for the release.

2.3.1 Students may access the Consent to Release Education Records and Information at the Main Campus Student Records Office or online at FERPA Authorization for Release Educational Records Form.

Disclosure of Additional Information

2.4 CNM may, without prior written consent of the student, disclose information from the student's educational records to the following:

• School officials/instructors with legitimate educational interest in the information.
• Officials of another school in which a student seeks or intends to enroll.
• Federal, state and local authorities conducting an audit, evaluation or enforcement of education programs, so long as personally identifiable information data is protected in a manner which will not permit the personal identification of students by anyone other than those officials, and the data is destroyed when no longer needed.
• Organizations connected with a student's application for, or receipt of, financial aid.
• Organizations conducting studies for or on behalf of the College for testing purposes, student aid program purposes, and improving instruction provided that the data is protected in a manner which will not permit the personal identification of students by anyone other than those officials, and the data is destroyed when no longer needed.
• Accrediting organizations.
• Appropriate parties in compliance with a judicial order or a lawfully issued subpoena, provided that the College makes reasonable effort to notify the student of the order or subpoena prior to compliance, or to the court in conjunction with legal action between the College and a student.
• Appropriate persons in a health or safety emergency provided that disclosure to appropriate parties in connection with an emergency if knowledge of information is necessary to protect health or safety of the students or others
• Authorized recruiters of the U.S. Armed Forces as allowed by the Solomon Amendment.
• To victims of violent crimes or nonforcible sex offenses, the final results of any disciplinary proceeding by the College against the alleged perpetrator of the crime or offense.
• To appropriate persons, the final results of a disciplinary proceeding by the College against a student who is an alleged perpetrator of a violent crime or nonforcible sex offense, if the College determines in the disciplinary proceeding that the student committed a violation of College rules or policies with respect to such crime or offense.
• Schools may inform parents of the student, if he or she is under age 21, and if the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.

3. Annual FERPA Notification

3.1 Students are notified of their FERPA rights annually through the College's official catalog and the CNM website.

3.1.1 Under FERPA, students have the right to:

• Request non-disclosure of educational records and directory information
• Inspect and review their education records
• Request amendment to their education records
• Consent to the disclosure of their education records, with certain exceptions
• File a complaint with the U.S. Department of Education

3.1.2 Procedures for exercising these rights include:

• Inspecting and reviewing education records
• Requesting amendments to education records
• Filing a complaint with the U.S. Department of Education

4. Types, Locations and Custodians of Education Records

The following table provides a list of the types of records that CNM maintains, the departments the records are located in, the physical location of those education records and the custodians of the records.

Table 4.1

Record Types	Department	Location	Custodian
Admissions/ Student Records/ Registration/Graduation and Evaluation	Enrollment Management and Operational Technology (EMOT)	Student Services Main Campus	Registrar
Financial Aid	Financial Aid and Scholarship Services	Student Services Main Campus	Senior Director
Financial	Business Office	Business Office Main Campus	Comptroller
Job Placement	Career & Job Placement Services	Workforce and Community Success Main Campus	Director
Disciplinary records	Dean of Students	Student Services Main Campus	Dean of Students
GED/HiSet Exam (High School Equivalency)		Refer students to DiplomaSender.com or 855-313-5799 for records
Accuplacer	Assessment	Student Services Main Campus	Director
CASAS & TABE Assessments	School of Education	Education Collaborative Main Campus	ABE Director
Student records for non-credit	EMOT/ABE/CNM Ingenuity	Student Services Main Campus	Director or Designee
High school aged programs	EMOT/WCS/Academic Affairs	Student Services Main Campus	Director
Records associated with students with disabilities	Accessibility Services	Student Services Main Campus	Director
Technology use records not previously listed	Information Technology Services Department	Main Campus	Director
Grade books	Academic Schools	Main Campus	Associate Dean

5. Student Access to and Inspection of Education Records

5.1 Students have the right to inspect and review education records upon submitting a written request to the appropriate record custodian.

5.2 The record custodian, or designee, will arrange access to the requested educational records promptly. Students will be notified of the time and place for the record inspection.  Access to records must be provided within 45 days of receiving the request.  The College will respond promptly to reasonable requests for explanations and interpretations of the records.

5.3 Limitations exist regarding some educational records; therefore students are not allowed to inspect the following records:

• Financial records of the parents or legal guardians of student or any information therein.
• Confidential letters and statements of recommendation for which the student has waived right of access.
• Those records which are excluded from the FERPA definition of education records.
• Educational records containing information about more than one student (However, in such cases CNM permits access to that part of the record that pertains only to the inquiring student).

5.4 The College shall not destroy any education records if there is an outstanding request to inspect and review those records.

6. Records Not Available Under FERPA

6.1 Students have access to all education records concerning them maintained by the College with the exception of the following:

6.1.1 A personal record kept by a faculty or staff member which meets the following tests:

• It is in the personal possession of the individual who made it.
• Information contained in it has never been revealed or made available to any other person except the maker's temporary substitute.

6.1.2 An employment record which is used only in relation to a student's employment by the College, except where an individual in attendance at the university is employed as a result of their status as a student.

6.1.3 Records relating to a student which are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or para-professional acting in a professional or para-professional capacity, or assisting that capacity, which are used in connection with providing treatment to a student, are not disclosed to anyone other than the individuals providing the treatment.

6.1.4 Financial records and statements of a student's parents/legal guardians.

6.1.5 Confidential letters and statements of recommendation which are placed in the education records of a student prior to January 1, 1975.

6.1.6 Confidential letters and statements of recommendation which are placed in the education records of a student on or after January 1, 1975, if the student has waived his or her right to inspect and review the letters or statements.

6.1.7 Records concerning admissions to an academic component of the College which the student has never attended.

7. Correction of Education Records

7.1 Students have the right to request in writing the correction of records they believe are inaccurate, misleading or in violation of their privacy rights. However, this provision does not apply to challenges regarding the fairness of grades.

7.2 Requests to amend an education record must be submitted through the official record custodian or designated office (See Table 4.1).  Depending on the request, a written request may be required.  The student should identify the part of the record that they wish to change and explain why it is inaccurate, misleading or in violation of privacy or other rights and specify the proposed correction.

7.3 If the request is approved, the record is amended and the student is notified in writing of the change.  If a request for correction is denied, the student may request a formal hearing to contest the decision.

8. Education Record Hearing

8.1 If a request for correction is denied, the student shall be informed in writing of the decision and the right to a formal hearing on the matter.

8.2 The student may submit a written request for a hearing or provide a written statement commenting on the disputed information and/or explaining their disagreement with the decision.  A statement may be provided in lieu of a hearing if both the student and the College agree that this is the best course of action.   If a statement is submitted, the College shall maintain the statement as part of the official education record for as long as the record is held by the Institution and shall include this statement when disclosing the record to an authorized party.

8.3 Within a reasonable timeframe after the student's written request for a formal hearing, the appropriate Vice President shall arrange a hearing.  The student shall be notified in advance of the date, place and time of the hearing.

8.4 The hearing shall be conducted by an impartial hearing officer who does not have a direct interest in the outcome.  The hearing officer may be an official of the College.  The student will have a full and fair opportunity to present evidence relevant to the issue.

8.5 The student may be assisted or represented at the hearing by one or more persons of their choice, including an attorney, at the student's expense.  If the student intends to have legal representation, they must notify the hearing officer at least two working days prior to the scheduled hearing.

8.6 The hearing officer shall prepare a written decision, based solely on the evidence presented at the hearing, to the appropriate Vice President.  The written decision will be issued within a reasonable timeframe after the hearing and shall include a summary of the evidence presented and the reasons for the decision.

8.7 The appropriate Vice President shall notify the student and the appropriate record custodian of the decision and shall provide a written copy of the hearing officer's decision to the student and to the record custodian.

8.7.1 If the hearing officer determines the disputed information is inaccurate, misleading or otherwise in violation of privacy rights, the student shall be informed in writing of the change.

8.7.2 If the hearing officer does not find the information to be inaccurate, misleading or otherwise in violation of privacy rights, the student shall be informed in writing that:

• The student has the right to place in the record a statement commenting on the challenged information and/or setting forth reasons for disagreeing with the hearing officer's decision.
• The College maintains the statement as part of the official education record for as long as the record is held by the institution.
• The College includes this statement when disclosing the record to an authorized party.

8.8 Students have the right to file a complaint, with the U.S. Department of Education, concerning alleged failures by CNM to comply with FERPA requirements.

9. Copies of Education Records

9.1 Under FERPA, the right to inspect and review education records does not automatically grant a student the right to copy the record, unless circumstances prevent the student from exercising the right to inspect and review their education records. The College may charge a fee for copies.

9.2 CNM reserves the right to deny student requests for transcripts or copies of records, not required to be made available by FERPA.

10. Definitions 

FERPA	The acronym for Family Educational Rights and Privacy Act of 1974, as amended.
Student	A student is defined as any individual who has started attending CNM, either in person or online, and for whom education records have been generated.
Education Records	Those records, files, documents and other materials maintained by an institution or its  authorized agent that contain information directly related to a student.
School Official	A person employed by the College in an administrative, supervisory, academic/research,   or support staff position; a person or company with whom the College has contracted   (such as an attorney, auditor or collection agent); a person serving on the Governing Board   or a student serving on an official committee, such as a disciplinary or grievance committee,   or assisting another official in performing their tasks.
Legitimate Educational Interest	It means the demonstrated need to know by those officials of an institution who act in   the student's educational interest, including faculty, administration, student employees,   clerical and professional employees, and other persons who manage student records   information. Any school official who needs information about a student in the course of   performing instructional, supervisory, advisory, or administrative duties for the College   has a legitimate educational interest.
Custodian of Records	The Custodian of Records is a person designated to be responsible for the maintenance,   care, and security of student records, in compliance with the terms of FERPA:   The Family Educational Rights and Privacy Act of 1974

Forms

• Request to Prevent Disclosure of Directory Information
• Consent to Release Educational Records & Information

Support Materials

• Employee Handbook, 10.03
• CNM Student Code of Conduct
• Course Catalog, Student Academic Records

Reference Materials

• The Family Educational Rights and Privacy Act of 1974