FERPA and Information Security

Operational Standard/Purpose

FERPA (The Family Education Rights and Privacy Act) is a federal law that protects the confidentiality of student records. FERPA applies to all educational agencies and institutions (e.g. schools) that receive funding under any program administered by the U.S. Department of Education. The Operational Standard will provide definitions and guidelines for the protection and sharing of FERPA-protected information, as well as general information security.

Students have the right to review their educational records and to limit the release of information under the College’s policy on the confidentiality of student records. Students have a right to:

• Inspect and review their educational records.
• Privatize educational records and directory information fully.
• Allow consent for others to have access to all or part of their academic records.
• Request the amendment of their educational records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.
• File a complaint with the Family Educational Rights and Privacy Act Office if the College fails to comply with the requirements of the Act.

Schools that are found to be in violation of FERPA face the potential loss of federal aid, including Pell Grants and other federal funding. Knowing the guidelines for FERPA, as well as the key procedures, is critical for employees of the College.

Scope/Applicability

All College employees are responsible for protecting the confidentiality of student records. FERPA protects educational records and provides guidance for the release of directory information.

Definitions

Directory Information: The College considers the following directory information: (1) student’s full name; (2) address; (3) ICC email address; (4) affirmation of student enrollment status (full/part time) and class level; (5) dates of attendance, graduation, intended program of study, degree(s), certificate(s) earned, and honors received; and (6) pertinent information relating to participation in officially recognized activities and sports.

Educational Records: Educational records are all records that contain information directly related to a student and are maintained by an educational agency or institution, or by a party acting on its behalf. A record means any information recorded in any way, including handwriting, print, tape, film, microfilm, microfiche, and digital images. These educational records are governed by FERPA policies and may not be released without the consent of the student. Educational records may include semester grades, GPA, Page 2 of 6 tuition and fee information, financial aid information, date of birth, disciplinary actions, and other personally identifiable information (PII.) Educational records do not include the following:

• sole possession records — records kept in the sole possession of the maker which are used only as a personal memory aid and are not accessible or reviewed by any other person except a temporary substitute for the maker of the record;
• medical or psychological treatment records, including those maintained by counselors, physicians, psychiatrists, and psychologists, if they are made, maintained, and used only in connection with treatment of the student and disclosed only to individuals providing the treatment. These “treatment records” may only be disclosed with a student’s consent, and if they are disclosed to a third party for a purpose other than treatment of the student, the records become subject to FERPA rules and procedures;
• employment records, provided that employment is not contingent upon being a student;
• law enforcement records;
• records created or received by the College after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student;
• Grades on peer-graded papers before they are collected and recorded by a teacher.

Details

1. Institutions are required to publish FERPA information to students every semester, as well as provide information on the College website and other key documents. The full FERPA information provided to students can be found in the Student Rights to Privacy and Access to Records.
2. The College will only disclose directory information to individuals or entities with legitimate educational interests and in compliance with the Solomon Act. Educational records, student schedules, grades, and other academic information (including drop-out lists) will not be released to parents, guardians, employers, or other individuals without written consent of the student. All requests from internal and external entities for the use or release of directory information lists must be reviewed and approved by the Vice President of Student Services in consultation with other offices as necessary.
3. Restricting Directory Information: Students have the right to restrict disclosure of directory information. Contact the Enrollment Services office (309) 694-5600 for the appropriate paperwork. All paperwork must be submitted in person with a photo identification. Students must be provided an opportunity to opt out of release of directory information or to privatize their record fully. Students have the right to restrict disclosure of directory information or to authorize release to specified individuals. Forms for both restrictions are available in Enrollment Services at the East Peoria and Peoria campuses and at Enrollment Forms.
4. Although the above records are not educational records, which the student has a right to access or amend under FERPA regulations, these records may be subject to restrictions from disclosure under other laws. Where a Freedom of Information Request seeks any information regarding students, the request must be carefully reviewed to not only avoid disclosure of records protected by FERPA, but also to avoid the disclosure of personal or private information exempt from disclosure under the Freedom of Information Act.
5. If a student opts out of the release of directory information, their directory information will never be released to any outside parties except when required as outlined in the exceptions section of the procedures. This includes verification of enrollment or degree attainment for employment, graduation or other honors, or for notification of opportunities within ICC or as part of a partnership.
6. If a student chooses to privatize their record (FERPA Restriction Form,) no information may be released to anyone without the student’s in-person consent. The student must conduct all business with the institution in person and will need to show a photo identification for each transaction.
7. If a student fills out the FERPA Restriction Form (available in Enrollment Services,) faculty and staff can access the student record in PeopleSoft but will see a restriction service indicator on the student’s account. This indicator looks like a small window shade
   • If this shade icon is present, absolutely no information is to be given out about the student. The only response to the individual asking for information should be: “I’m sorry, I have no information to release on that individual.”
   • Students must complete the form in person with a photo identification.
   • Questions about the FERPA Restriction or any inquiries on these students should be directed to the Dean of Enrollment Management in Enrollment Services or the Registrar.

Procedure(s)

1. For releasing educational record information: The College does not disclose education records without a student’s prior written consent unless it is allowable under the FERPA exception for disclosure. If a student wishes to authorize access to their student record to anyone (including parents, guardians, or employers), the student must contact the Enrollment Services Office (309) 694-5600 for the appropriate paperwork. All paperwork must be submitted in person with a photo identification. These exceptions may include:
   1. Disclosure to College and school officials with legitimate educational interests.
   2. Disclosure 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.
   3. Disclosure 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.
   4. Closure to organizations conducting studies for, or on behalf of, the College, in order to:
      • develop, validate, or administer predictive tests;
      • administer student aid programs; or
      • improve instruction.
   5. To accrediting organizations to carry out their accrediting functions.
   6. To comply with a judicial order or lawfully issued subpoena.
   7. To appropriate officials in connection with a health or safety emergency.
   8. Information the College has designated as “directory information.”
   9. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
   10. To the general public, the final results of a disciplinary proceeding, 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 College’s rules or policies with respect to the allegation made against him or her.
   11. 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 College determines the student committed a disciplinary violation and the student is under the age of 21.
   12. To either parent of a student if the student is a dependent of one of their parents for tax purposes under IRS regulations. (Parents desiring access to their student’s records must provide a copy of their federal tax form to the Enrollment Services Office annually. Evidence that a parent claims a student as a dependent expires on April 15th of each year.)
2. Written Consent Processes:
   1. In some instances, students will provide access to their records to another individual (parent, spouse, agency). In these cases, students must complete a Release of Information Form that will be on file with Enrollment Services. Information for this form should only be released by the Enrollment Services Department.
   2. If a student wants a faculty member to be able to share information with another individual regarding classroom grades (not final grades), attendance, or other classroom performance, the student must complete the Progress Release Form. If you are teaching a class and want additional guidance, contact the Vice President of Student Services.
   3. Letters of Recommendation and FERPA: Statements made by a person making a recommendation that are made from that person's personal observation or knowledge do not require a written release from the student. For more complete information, contact the Vice President of Student Services.
   4. All FERPA-related documentation and forms can be found on the Intranet under the faculty section.
3. Protecting Student Information:
   1. Employees should not share information that is personally identifiable during a department meeting, in shared office areas, or in general community spaces.
   2. Employees should not make contact with local law enforcement or other community agencies on their own.
   3. Faculty/staff may share information about alleged violations of the Student Code of Conduct and Academic Integrity issues with the Dean of Students or their supervisor (Dean, Department Chair, etc.) only in cases where there is a “legitimate educational interest” for both parties. “Legitimate educational interest” is defined as information that is required in the routine course of the job and where an employee cannot reasonably do their job without this information.
   4. Faculty/staff may not share “personally identifiable” information with others, including colleagues, departments, family members, third parties, etc. that do not have a “legitimate educational interest.”
   5. Faculty/staff may discuss specific situations with colleagues if the purpose is to determine ways to handle situations or concerns, but only if the student’s name is not shared and there are no defining characteristics shared that would enable another employee to reasonably identify the student being discussed. If the situation is documented or shared in writing, all names and identifying information MUST be redacted from the document.
   6. In cases where a Student of Concern Form is submitted by an employee, that employee has the ability to request information from the Dean of Students about the action taken, as well as the reasoning behind such action. However, there may be situations in which some information that was taken under consideration may not be released based on state and federal laws.
   7. If an employee feels that the action was not appropriate for the reported offense, the employee may request a meeting with the Dean of Students and the Vice President of Student Services to review the decision.
4. Responding to Student Requests to Inspect or Amend Record:
   1. A student’s request to inspect and review their records should be granted within whatever time is reasonably practical, but in all cases, the student’s request must be granted within 45 days. A student does not have a right to inspect or review financial records, including any information those records contain, of their parents. A student also does not have a right to inspect or review confidential letters and confidential statements of recommendation placed in the student's education records, if the student has signed a waiver, waiving their rights to inspect such letters, and the letters related to the student’s admission, application for employment, or receipt of an honor or honorary recognition.
   2. If a student requests access to their educational records, but the student’s circumstances are such that it is not reasonably practical for the student to inspect and review the record in person (for example, the student is out of state for a prolonged period), the College will send the student a copy of the student’s records.
   3. If a student believes the educational records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, they may ask the College to amend the record. This process cannot be used to challenge a grade, an opinion, or a substantive decision made by the College about a student.
   4. All requests by a student to amend the student’s educational records received by any College faculty or staff shall be promptly delivered to the Dean of Students. The Dean of Students shall, within a reasonable time thereafter, inform the student in writing that the request to amend the educational records has been either granted or denied.
   5. If a student’s request to amend his or her educational records is denied, the Dean of Students, with input from College counsel, shall inform the student of their right to have a hearing on the issue before the College’s Board of Trustees, unless the denial is because the student sought to challenge a grade, an opinion, or a substantive decision made by the College about the student, in which case the student shall be informed, in writing, that for this reason, the student is not entitled to a hearing on the denial.

Additional Provisions/Information

1. All FERPA-related documentation and forms can be found on ICCNET under the faculty section.