FERPA - Student Rights

The General Education Provision Act of 1974, originally titled Privacy Rights of Parents and Students, was re-titled Family Education Rights and Privacy in 1988. These rights are spelled out in Public Law 98-380 as amended by Public Law 93-568, and in regulations published by the Department of Health, Education, and Welfare in the June 17, 1976, Federal Register. In compliance with this act, the following policy statement of students' rights regarding academic records has been developed at KCKCC.

For the purposes of this policy, KCKCC has used the following definitions of terms:

Student - any person who attends or has attended KCKCC.

Education Records - any record (in handwriting, print, tapes, film, other medium) maintained by KCKCC or an agent of the College which is directly related to a student, except:

1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
2. An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
3. Records maintained by the KCKCC Campus Police unit if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction, and the unit does not have access to education records maintained by the College.
4. Records maintained by the Health Clinic if the records are used only for treatment of a student and made available only to those persons providing the treatment.
5. Alumni records which contain information about a student after he/she is no longer in attendance at the College and which do not relate to the person as a student.

Students have the right to ask to have records corrected that they believe are incorrect, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

1. A student must ask the Registrar of KCKCC to amend a record. In so doing, the student should identify the part of the record he/she wants changed and specify why he/she believes it is inaccurate, misleading, or in violation of his or her privacy or other rights.
2. KCKCC may comply with the request or it may decide not to comply. If it decides not to comply, KCKCC will notify the student of the decision and advise him/her of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
3. Upon request, KCKCC will arrange for a hearing and notify the student, reasonably in advance, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records. The student may be assisted by one or more individuals, including an attorney.
5. KCKCC will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If KCKCC decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he/she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
7. The statement will be maintained as part of the student's education records as long as the contested portion is maintained. If KCKCC discloses the contested portion of the record, it must also disclose the statement.
8. If KCKCC decides the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

Certain information, called Directory Information, is considered to be open to the public upon inquiry. KCKCC has designated the following items as Directory Information:

• Name, address, telephone number, e-mail address
• Date and place of birth
• College, major field of study, year in KCKCC
• Dates of attendance at KCKCC
• Awards and academic honors
• Degrees and dates awarded
• Most recent educational institution attended
• Participation in officially recognized activities and sports
• Height and weight of members on athletic teams

KCKCC may disclose any of these items without prior written consent, unless notified in writing by the student to the contrary by the end of the second week of each semester or by the end of the second day of a shorter session.

1. To school officials who have a legitimate educational interest in the records, defining these terms as follows: A school official is:
   • A person elected to the Board of Trustees.
   • A person employed by or under contract to the College to perform a special task, such as the attorney or auditor.
     
     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 agreement.
     • 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.
   Please note:  An instructor is considered to be a “school official” and is perceived as having a “legitimate educational interest” relative to current students in his/her classes.
2. To officials of another school, upon request, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
4. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. If required by a state law requiring disclosure that was adopted before 11/19/94.
6. To organizations conducting certain studies for or on behalf of the university.
7. To accrediting organizations to carry out their functions.
8. To comply with a judicial order or a lawfully issued subpoena.
9. To appropriate parties in a health or safety emergency.

Students may inspect and review their education records upon request to the Registrar. Students should submit to the Registrar a written request which identifies as precisely as possible the record or records he/she wishes to inspect. The Registrar will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him/her.

KCKCC reserves the right to deny transcripts or copies of records not required to be made available by FERPA in any of the following situations:

1. The student lives within commuting distance of KCKCC.
2. The student has an unpaid financial obligation to KCKCC.
3. There is an unresolved disciplinary action against the student.

If a student feels a staff member has taken unfair disciplinary action, or treated him/her unfairly in academic-related, work-related, or any other matters, the student has the right to express his/her perceived unfair treatment and seek resolution using the Student Grievance procedure.

The intent of the Student Grievance Policy is to accommodate a fair and mutually satisfactory resolution of any grievance at the lowest possible level. In fairness to the staff members against whom a grievance is brought, the student must attempt to resolve the grievance directly with the staff member.

If a grievance cannot be resolved to the student’s satisfaction through the informal discussion process with the staff member involved, the student should seek additional information on the policies and procedures for filing a student grievance through the Dean of Student Services.

KCKCC reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student's parents.
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in the file before January 1, 1975.
3. Records connected with an application to attend KCKCC if that application was denied.