FERPA

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g, 34 CFR Subsection 99) is a federal law that affords parents the right to

* have access to their children's educational records,

* seek to have the records amended, and

* have some control over the disclosure of personally identifiable information from the education records.

FERPA is also referred to as the Buckley Amendment. It was enacted by Congress in 1974.

When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student.

Who is protected under FERPA?

The rights under FERPA apply to eligible students.

An eligible student is an individual who is, or has been, in attendance at Tarrant County College at any time.

What are a student's rights under FERPA?

There are primarily seven rights under FERPA. These rights are to:

1. be informed about educational records,

2. inspect educational records,

3. request an amendment to the records,

4. challenge the accuracy of the records,

5. prevent unauthorized disclosure of the records,

6. file a complaint with the U.S. Department of Education (DOE) about a violation of FERPA; and

7. waive these rights in writing if so desired.

What are education records?

The term "education records" means those records, files, documents, and other materials in handwriting, print, tape, film, electronic, or other media that contain information directly related to a student and are maintained by Tarrant County College District, or a party acting for the District.

A "student" is any person who currently attends or has attended Tarrant County College District, including both undergraduate credit students and continuing education students.

What is an "education record" at TCC?

FERPA allows (but does not mandate) the release of information classified as "directory information". Each college establishes its own definition of directory information.

Directory Information as defined by TCC includes:

* name

* current address*

* telephone number*

* major

* dates of attendance

* full or part-time enrollment

* degrees and awards received and dates granted

* previous educational institution(s) attended

* eligibility and participation in officially recognized activities and sports

*Current address and telephone number are considered restricted directory information. These items are released only if a legitimate educational interest is established.

Education Records

TCC holds various types of education records in various locations on our campuses and in the District offices. Some records and their typical locations are as follows:

* The official education record, which includes the college transcript, records relating to prior educational experience, and admissions documents, are on file in the Admissions and Registrars Offices.

* Working academic files are maintained by divisional deans, department chairpersons, and academic advisors/counselors in their respective offices.

* Records related to a student's nonacademic activities are maintained in the Office of the Vice President for Student Development Services on each campus.

* Records relating to a student's financial status and financial aid are maintained in the Financial Aid Office on each campus as well as in the District office.

Which records are not considered "education records"?

* Records created or held by instructional, administrative, and educational personnel that are in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute (ex: records or notes that serve as a memory aid)

* Records of the TCC Campus Police

* Employment Records (if student is also employed at TCC)

* Alumni records that contain information about an individual after he or she is no longer a student at TCC

* Medical or health records made and maintained in the course of treatment and disclosed only to those individuals providing treatment

What rights do parents have?

# When a student attends TCC, the student exercises the rights under FERPA. In elementary and secondary schools, those rights are exercised by the parent. However, if a student is in a secondary school and begins attending a postsecondary institution, then FERPA rights transfer to the student.

# FERPA does not allow TCC to disclose education records to parents of dependent students just as they would to the student. "Dependent" means a dependent pursuant to the definition under the IRS Code.

# TCC faculty and staff need to be careful when a parent or other relative calls and asks for information about a student. If there is no written waiver by the student or the student is not a dependent, disclosure even to a parent can be unlawful.

What rights do parents have?

* When a student attends TCC, the student exercises the rights under FERPA. In elementary and secondary schools, those rights are exercised by the parent. However, if a student is in a secondary school and begins attending a postsecondary institution, then FERPA rights transfer to the student.

* FERPA does not allow TCC to disclose education records to parents of dependent students just as they would to the student. "Dependent" means a dependent pursuant to the definition under the IRS Code.

* TCC faculty and staff need to be careful when a parent or other relative calls and asks for information about a student. If there is no written waiver by the student or the student is not a dependent, disclosure even to a parent can be unlawful.

Disclosure of Information

TCC will not disclose personally identifiable information, other than directory information, from a student's education records without the student's written consent, except as follows:

To school officials with a legitimate educational interest.

A "school official" is a person:

* employed by or under contract with the District in an administrative, supervisory, academic, research, or support staff position.

* serving on the Board of Trustees.

* or firm retained by the District to perform professional services, such as legal services or accounting or auditing services.

* or company under contract with the College to manage or perform operations functions, such as food services or the bookstore.

What is "legitimate educational interest"?

A school official has a "legitimate educational interest" if the official is:

* performing a task that is specified in his or her position description or by a contract.

* performing a task related to a student's education.

* performing a task related to the discipline of a student.

* providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid

What are the sanctions or liability risks for a FERPA violation?

FERPA provides for a complaint procedure to the United States Department of Education with an ultimate sanction of withholding of federal funding. While there is generally no private cause of action directly under FERPA, students may seek to hold the District or individuals liable under common law tort theories such as invasion of privacy.

Faculty, staff, administration, or students who violate the District's FERPA policy will be subject to corrective or disciplinary action, depending on the individual circumstances.

* Lawsuit

* Loss of federal funding

* Conviction of a misdemeanor under the Public Information Act

* Confinement in the county jail not to exceed 6 months


or
Fine not to exceed $1,000
or
Both

* Dismissal


Non-Directory Information

Non-directory information is never released without the student's written authorization.

These items include, but are not limited to

* student schedule and course enrollment

* GPA

* academic standing

* grades earned

How does a student request directory information be withheld?

A student may contact an A/R/R Office to request directory information be withheld from the public.

* The request must be in writing.

* A code is entered in student information system to flag the request.

* A message stating DO NOT RELEASE DIRECTORY INFORMATION appears on all student information screens.

* The block is permanent until the student requests a change in writing.

Who can request a student's information--and how?

* Parents (or legal guardians) may receive non-directory information only by providing proof that the student is a legal dependent, such as a certified copy of a federal income tax return for the most recent tax year.

* Friends, spouses, siblings and others may NOT receive non-directory information regardless of need without the specific and written authorization of the student.

* Authorized representatives of some state and/or federal agencies, particularly those providing financial aid benefit programs, may receive both directory and non-directory information. Examples include Department of Education, Veterans Administration, Social Security Administration, Office of Personnel Management, and Department of Defense.

* School officials at TCC and/or other educational institutions may receive both directory and non-directory information on a need to know basis if a legitimate educational interest is established.

Release of Student's Information

All instances of release of information are documented in the student record.

Educational institutions must disclose all records maintained on a student to the student upon request.

* All records includes documentation of who, when, and why information was released to a third party.

* A written request from the student is required by institutional policy.

* A student wishing to review the record may do so at the Records Office at May Owen Center.

* A student may obtain a copy of any document contained in the student record.

* A fee may be charged for duplication of documents.

* An unofficial academic record may be obtained at no charge from the campus Registrar's Office or at any EASI terminal.

TCC Guidelines for FERPA Release of Information

To insure compliance with FERPA requirements, TCC has established the following general guidelines for the release of student information:

* The transaction of most business is conducted in person by the student and requires the student's signature. A picture ID may also be required for some transactions.

* A student may give written authorization to a third party to conduct business.

* All requests for non-directory information must be made in writing to the A/R/R Office.

* All release of student information must be documented on a form to be provided by the A/R/R Office.

* An official transcript is provided at no charge on request of the student as long as there is no outstanding financial obligation to the College. Transcripts may be obtained on a walk-in basis from District Registrar.

* Verification of student enrollment letters or forms for a current semester are not released until after the day of record for the semester.

* Requests for computer generated lists, labels, or transcripts must be submitted in writing for the approval of the Director of Admissions and Records.

* Subpoenas should be referred to the Director of Admissions and Records.