Family Educational Rights and Privacy Act (FERPA) - Annual Notification

Rollins College complies with the Family Educational Rights and Privacy Act (FERPA). The Act is as follows:

 

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 attending a postsecondary institution.)  These rights include:

1.  The right to review and inspect his or her own education records.  An eligible student has the right to inspect and review the student’s education records within 45 days after the day Rollins College receives a request for access.  A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The appropriate records custodian 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 records custodian to whom the request was submitted, that person shall advise the student of the correct records custodian to whom the request should be addressed.

2.  The right to request an amendment of the education record. An eligible student has the right to seek amendment of the student’s 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 the decision and the student’s right to a hearing regarding the request for amendment.  Additional information will be provided to the student when notified of the right to a hearing.

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. Rollins defines “college officials” and “legitimate educational interests” as follows:

• “College officials” include: (a) persons employed by Rollins 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 scholarship, disciplinary, or grievance committee.
• A college official also may include a volunteer, contractor, consultant or other party outside of Rollins 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 or her 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 Rollins 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 the 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 record the disclosure. Eligible students have a right to inspect and review the record of disclosures.  

The college may disclose PII from the education records without obtaining the 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.  (§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 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 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 a student’s directory information without their consent, and without violating FERPA if the student has not restricted their personal information.  Rollins College considers the following to be directory information:

Student name

Address (city, state and country only)

Parent/guardian name(s)

Parent/guardian address(es) (city, state and country only)

Telephone number(s) (including cellphone)

Rollins College campus email address

Campus mailbox

Birthdate (month and year only)

Enrollment status (full-time, part-time, etc.)

Dates of attendance

Major and minor field(s) of study

Class standing (i.e. first-year, second-year)

Participation in officially recognized activities and sports

Height and weight of members of athletic teams

Anticipated graduation date

Date and title of degree(s) earned

Awards and honors received

Thesis titles

Photograph/image/video

Most recent prior institution attended 

The release of student directory information is generally not done at Rollins College without the expressed, written consent of the student, except as noted in item #3 above.  

Request to Restrict Directory Information

While attending Rollins College (College of Liberal Arts, Hamilton Holt and Crummer), 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. Students may restrict all information by going to the Registration and Registrar tab in Foxlink or by visiting the Registrar's Office, Carnegie 2^nd floor. A form is also available in the Registrar's Office located on the 2^nd floor of Carnegie. The request to restrict directory information remains in effect until the student modifies the request, in writing. Should the student graduate or otherwise leave the college, this restriction will remain in place until the student requests for it to be removed.  

Note:  Once a student has requested to restrict directory information, 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.

 For additional information go to: https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html 

  Sources:

• U.S. Department of Education:  http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html and http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html

• Cornell University Law School Legal Information Institute:   http://www.law.cornell.edu/uscode/text/26/152