Family Educational Rights & Privacy Act (FERPA)
The Family Educational Rights and Privacy Act affords all students over 18 years of age certain rights with respect to the student’s educational records. They are:
The right to inspect and review the student’s education records.
- Students should submit to the Campus Vice President a written request that identifies the record(s) they wish to review. The Vice President will make arrangements for access and notify the student within 45 days of the day the college receives a request for access of the time and place where the records may be reviewed.
The right to request the amendment of the student’s education records that the student believes is inaccurate or misleading.
- Students may ask EMCC to amend a record that they believe is inaccurate or misleading. They should write the Vice President, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If EMCC decides not to amend the record as requested by the student, EMCC will notify the student of the decision and advise them 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.
The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
- One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by EMCC as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the East Mississippi Board of Trustees; or a person or company with whom EMCC has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist).
- 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.
- Upon request from officials of another school or college in which a student seeks or intends to enroll, EMCC may disclose educational records without consent. Disciplinary actions affecting attendance is included in the student’s record.
- EMCC may also disclose, without consent, directory information regarding its students. Directory information means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height or members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended. Directory information may not include race, gender, Social Security Number, student identification number, ethnicity, or nationality.
The student has the right to refuse to let EMCC designate any or all types of information about the student as directory information.
- The student must notify the Campus Vice President in writing within 14 days or receipt of this notice that he or she does not want any or all of those types of information about the student designated as directory information.
- EMCC may disclose directory information about former students without meeting these conditions.
A parent or guardian of a student over the age of 18 may access the student’s educational records if the student is claimed as a dependent for Federal income tax purposes. If the student is claimed as a dependent on one parent’s Federal Income taxes, access may then be granted to both the parent who claims the student as well as the parent who is not claiming the student. The parent may review the student’s record but may not act on the student’s behalf except in emergency situations.
- To access the student’s records, the parent must complete a Parental Request for Academic Information which may be provided by the Registrar upon parental request.
A parent may access student information if the student is over 18 years of age and the student is not being claimed by either parent for Federal income tax purposes only if the student is willing to release the information. The parent may review the student’s record but may not act on the student’s behalf except in emergency situations.
- For a parent to access student information when the student is over 18 years of age and is not being claimed by either parent on Federal Income taxes, the student must complete a Student Consent for Release of Records which may be provided by the Registrar upon student request.
Parents or eligible students have the right to file a complaint with the U.S. 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
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-46058