FERPA

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who is attends a postsecondary institution.) These rights include:

1. The right to review and inspect his/her/their own education records.

An eligible student has the right to inspect and review the student’s own education records within 45 days after the day Blue Mountain Community College (the “College”) receives a request for access. A student may submit a written request to the Registrar’s that identifies the record(s) the student wishes to inspect. The Registrar’s Office will make arrangements for access and notify the student of the time and place where the records may be inspected.

2. The right to request an amendment of the education record.

An eligible student has the right to seek amendment of his/her/their own education records that the student believes to be 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 records custodian responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
The college will, within a reasonable time after receiving the request, decide whether to amend the record as requested.
If the College decides not to amend the record as requested, the College will notify the student in writing of (1) the decision, (2) the student’s right to a hearing regarding the request for amendment, and (3) the student’s right to insert in the record a written statement or explanation commenting on the information.

3. The right to provide written consent before personally identifiable information is disclosed, except when FERPA authorizes disclosure without consent.

An eligible student has the right to provide written consent before the College discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

The College may, and from time to time does, disclose education records without a student’s prior written consent when authorized by FERPA, including to college officials whom the College has determined to have legitimate educational interests. Blue Mountain Community College defines “college officials” and “legitimate educational interests” as follows:

“College officials” include (a) persons employed by Blue Mountain Community College in an administrative, supervisory, academic, research, or clerical or support staff position (including but not limited to law enforcement unit personnel, attorneys, counselors, and health staff); (b) persons serving on the board of trustees; or (c) persons (including students) serving on an official college committee, such as a disciplinary or grievance committee.
A college official also may include a volunteer, contractor, consultant or other party outside of Blue Mountain Community College (i) who performs an institutional service or function for which the college would otherwise use its own employees, (ii) who is under the direct control of the college with respect to the use and maintenance of education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another college official in performing his/her/their tasks, and (iii) who is subject to the obligation not to disclose PII from any education record without the prior written consent of the student.

“Legitimate educational interests” include performing a task or engaging in an activity related to (i) one’s regular duties or professional responsibilities, (ii) a student’s education, (iii) the discipline of a student, (iv) a service to or benefit for a student, (v) measures to support student success, and (vi) the safety and security of the campus.

4. The right to file a complaint.

An eligible student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by Blue Mountain Community 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

When does FERPA permit disclosure of personally identifiable information (PII) without student consent?

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to college officials (as defined above), disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to log the disclosure. Eligible students have a right to inspect and review the disclosure logs.

The College may disclose PII from the education records without obtaining prior written consent of an eligible student...

To other college officials whom the College has determined to have legitimate educational interests, as described above under paragraph 3. This includes contractors, consultants, volunteers, or other parties to whom the College has outsourced institutional services or functions, provided that certain conditions are met. (§99.31(a)(1))
To officials of another college where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities, such as a state postsecondary authority that is responsible for supervising the College’s state-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
To certain state and local officials or authorities when authorized by state statute in certain cases. (§99.31(a)(5))
To organizations conducting studies for, or on behalf of, the College, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
To accrediting organizations to carry out their accrediting functions. (§99.31(a)(7))
To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
When it is information the College has designated as “directory information” under §99.37 (see section on Requests to Restrict Directory Information). (§99.31(a)(11))
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the College determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the College’s rules or policies with respect to the allegation made against him/her/them. (§99.31(a)(14))
To parents of a student regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or a controlled substance if the College determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
The disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.

Directory Information

Institutions may disclose students’ “Directory Information” without their consent, and without violating FERPA if the student has not restricted their personal information. Blue Mountain Community College considers the following to be “Directory Information”:

Student’s name
Address
Local and home telephone number
Email address
Telephone number(s)
Date and place of birth
Field of study
Dates of attendance
Degrees, honors, and awards received
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
The most recent previous educational institution attended by the student

Requests to Restrict Directory Information

While attending Blue Mountain Community College, students may request to restrict the release of their Directory Information except to college officials with a legitimate educational interest, as outlined in item 3 above. In order to restrict all information the student should log on to the student portal to exercise this option (My Profile/My FERPA/consent). Should the student graduate or otherwise leave the College, this restriction will remain in place until the student submits a written request, with valid picture id, to remove it.

Note: Once a student’s record has been made confidential, no information can be shared about the individual without the student’s written consent. In such a case, problems may occur thereafter when potential employers or other parties make inquiries about the student.

lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to log the disclosure. Eligible students have a right to inspect and review the disclosure logs.

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FERPA

Family Educational Rights and Privacy Act

When does FERPA permit disclosure of personally identifiable information (PII) without student consent?

Directory Information

Requests to Restrict Directory Information

Blue Mountain Community College is on the traditional homelands of the Cayuse, Umatilla, and Walla Walla peoples. We pay respect to tribal elders both past and present and thank them for their stewardship of these lands. We extend that respect to all Indigenous people today.

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