Family Education Rights and Privacy Act (FERPA)

Under FERPA, the College may disclose, without the written consent of the student, any items of directory information on any student, currently enrolled or not. Directory information is designated student information that is generally not considered harmful or an invasion of privacy if released. Directory information concerning a student may be released publicly and may include school publications including, but not limited to, school directory, honor roll or other recognition lists, and graduation programs.

NICC designates the following information as directory information:

• student name
• address
• email addresses
• phone numbers
• date of birth
• enrollment status (full-time, part-time, not enrolled, number of credits)
• programs of study
• dates of attendance
• grade level (freshman/sophomore)
• degrees, certificates, honors, scholarships and awards received
• academic honor roll
• participation in officially recognized sports with height and/or weights of team members
• photographs and video recordings in public or non-classroom settings
• job title, employing department, work phone number, and work address when employed in a position that requires student status
• high school and other colleges previously attended
• most recent educational agency or institution attended

Students have the right to prevent directory information from being disclosed by completing the Request to Prevent Disclosure of Directory Information form in the Registrar's Office within ten calendar days of the beginning of the semester in which enrollment occurs. If this form is filled out any time after this ten-day period, the college cannot guarantee that information was not released prior to the non-disclosure request. The request for withholding will remain in effect until the student rescinds it in writing.

The College will require a court-ordered subpoena to release any other information concerning a student's record that falls outside of the designated directory information without the student's prior consent. The College will make a reasonable effort to notify the eligible student of the court order or subpoena in advance of compliance so the student may seek protective action. Additionally, the College will comply with FERPA's recordkeeping requirements under 34 CFR 99 32 when disclosing information pursuant to a standard court order or subpoena.

In case of an emergency, the College may disclose personally identifiable information to the appropriate parties if knowledge of the information is deemed by the College to be necessary to protect the health or safety of the student or other individuals.

Personnel within the College who maintain educational records and those school officials with a legitimate educational interest may have access to student education records protected by FERPA.

A school official is:

• a person employed by the College in administrative, supervisory, academic, research, or support staff positions (including law enforcement unit personnel and health staff)
• a person or company with whom NICC has contracted (such as an attorney, auditor, or collection agent)
• a person serving on the Board of Trustees
• a student serving on an official committee, such as a disciplinary or grievance committee, 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 education record in order to fulfill his or her professional responsibility.

The College may forward educational record information to requesting institutions in which the student seeks or intends to enroll if the information is necessary to protect the health or safety of the student or other individuals.

The College, according to FERPA-34 CFR 99.34, may also disclose educational records to officials of another school, school system or institution of post-secondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purpose of student's enrollment or transfer.

Solomon Amendment—Effective October 23, 1998, all colleges and universities are required to comply with the final regulations of the Solomon Amendment. The Solomon Amendment is a federal law that allows military recruiters to access student information for the purpose of recruiting. Information released is limited to military recruiting purposes only and is limited to the previous or current semester.

At the postsecondary level, FERPA rights have transferred to the student, and, therefore, parents have no rights to inspect their student's education records without prior consent from the student, unless governed by law to disclose the information.

The right to inspect educational records resides solely with the student. If a student completes the Request to Release Information form, it allows school officials to release or discuss information that students select (e.g. academic or financial records) in either oral or written form, with the individuals that students specify.

Students can grant permission for the College to release information from their educational record to designated individual(s) by completing a Release of Information form. A student must specify what information is to be released when completing this release.

Educational record information a student can choose to be released to designated individual(s) includes:

• Academic Records (class schedule/registration, attendance, class preparation/performance, progress records)
• Financial Records (grants, loans, military benefits, financial aid documents, statements and billing)
• Unofficial Transcript (grades, GPA)

The designated individual(s) must provide identification prior to receiving any information.

• Inspect and review their education records within 45 days of the day the College receives a request for access. Students should submit written requests to the Registrar's Office that identify the record(s) they wish to inspect. The Registrar 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 Registrar, the Registrar will advise the student of the correct official to whom the request should be addressed. The College may deny access to the following classes of records: financial information submitted by parents; confidential letters or recommendations to which the student has waived rights of inspection; private records of instructors, counselors, or administrators kept in their sole possession for their own use; alumni records which contain only directory information and information collected after the student has left the college; and medical, psychiatric, psychological, or similar records.
  
  
• Request the amendment of their education records that the student believes is inaccurate. They should write the College Registrar, clearly identify the part of the record thy want changed, and specify why it is inaccurate. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of their 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.
  
  
• Consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
  
  
• File a complaint with the US 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
  US Department of Education
  400 Maryland Avenue SW
  Washington, DC  20202