FERPA and Privacy Rights of Students
Annual Notification to Barstow Community College Students
FERPA and Privacy Rights of Students
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:
(1) The right to inspect and review the student's education records within 45 days of the day the College receives a request for access.
Students should submit to the Director of Admissions Office written requests that identify the record(s) they wish to inspect. The director will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Admissions and Records Office, the student shall be advised of the correct official to whom the request should be addressed.
(2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing re¬garding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
(3) The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without con¬sent.
The College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law en-forcement unit personnel and health staff); a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance com¬mittee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an educa¬tion record in order to fulfill his or her professional responsibilities for the College.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
As provided for in the Act, a student's personal information cannot be released to any other person without the written consent of the student. A photo identification will be required to access information. Official student records are kept in the Admissions and Records Office. The Director of Enrollment services has been designated "Record Officer," as required by the Act.
At its discretion the College may provide Directory Information in accordance with the provisions of the Family Education Rights and Privacy Act. Directory Information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. Designated Directory Information at BCC includes the following: Student’s name; major field of study; participation in officially recognized activities and sports; dates of attendance; degrees and awards received; and level of enrollment (number of units enrolled). Students may withhold Directory Information by notifying Admissions and Records in writing; please note that such withholding requests are binding for all information to all parties other than for those exceptions allowed under the Act. Students should consider all aspects of a Directory Hold prior to filing such a request.
Under Section 76230 of the Education Code, current and formerly-enrolled students have an absolute right of access to their own records. One exception is that under Section 76231 of the Education Code, students may waive their right of access to confidential reference letters.
Under Section 49061 of the Education Code, parents of community college students do not have a right of access to their children’s student records, regardless of whether the student is under the age of 18. Also, under federal law (Section 1232g of Title 20 of the United States Code, there is a general right of parental access to student records, but not for college students, regardless of age.)
Under Section 76244 of the Education Code, a District must make a “reasonable effort” to notify a student in advance of the production of his or her records under subpoena.
The Federal Solomon Act requires colleges to release full directory information (including address) to U.S. Armed Forces.
