Family Educational Rights and Privacy Act

Family Educational Rights and Privacy Act

Beaufort County Community College Notification of Rights under FERPA for Postsecondary Institutions

Under the Family Educational Rights and Privacy Act (FERPA) of 1974, the rights of the student and the responsibilities of the institution concerning the various types of student records maintained by the institution are established. These student rights include:

• The right to inspect and review the student's education records within 45 days after the day BCCC receives a request for access.
• The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
• The right to provide written consent before BCCC discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the BCCC to comply with the requirements of FERPA.

A student should submit to the Vice President of Student Services a written request that identifies the record(s) the student wishes to inspect.Students should allow 10 days for the records to be made available.The school official will make arrangements for access and notify the student via school email of the time and place where the records may be inspected.If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

A student who wishes to ask BCCC to amend a record should write the Vice President of Student Services, clearly identify the part of the record the student wants changed, and specify why it should be changed.If BCCC decides not to amend the record as requested, BCCC will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

Note: FERPA is not intended to provide a process to be used to question substantive judgments that are correctly recorded. The rights of challenge are not intended to allow students to contest, for example, a grade in a course because they feel a higher grade, or withdrawal, should have been assigned. FERPA is intended to ensure the factual and accurate nature of the information in students' education records and students' rights to verify that information.

Beaufort County Community College may disclose 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 typically includes a person employed by BCCC in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the College who performs an institutional service or function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.

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

Directory Information
The College has designated the following student information as public or Directory Information. The College may disclose such information for any purpose: Name, Telephone Number, Student Mailing Address, Email Address, Major Field of Study, Dates of Attendance, Expected Graduation Date, Degrees and awards received, and Student Enrollment Status. The college may disclose any of these items without prior written consent, unless notified in writing to the contrary. Student names and College generated email addresses may be used and observed by students in any course in which they are enrolled for course participation and attendance verification.

Disclosure of Information
If a student does not want directory information released, a Request to Withhold Directory Information form must be completed and filed with the Registrar’s office.This form may be found on the BCCC website under the Forms page.

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 school officials, 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 record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

• To other school officials, including teachers, within BCCC whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
• To officials of another school 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 university’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 organizations conducting studies for, or on behalf of, the school, 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))
• Information the school has designated as “directory information” under § 99.37. (§ 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 school 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 school’s rules or policies with respect to the allegation made against him or her. (§ 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 school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Publication of the Annual FERPA Notice

An Annual FERPA Notice will be updated and released to students each fall semester. Curriculum students will be provided a copy via the College website and email. Continuing Education students will be provided a copy on the Continuing Education Registration Form, website, and postings in the classrooms.