Student Records

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”) AND APPLICANT RECORDS

A.        Notification of Student Rights Under FERPA

The Family Educational Rights and Privacy Act (“FERPA”) affords eligible students (18 years or older) certain rights with respect to their education records maintained by TCSG or the technical college.  These rights include:

1. The right to inspect and review the student’s education records within forty-five days after the day that TCSG or the technical college receives the request for access.  Requests for access to records should be submitted to the registrar listing the records the student wishes to inspect.  The registrar will make arrangements for the student to review the requested records. 
2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.  Such requests should be made in writing clearly identifying the part of the record the student wants changed and why the record should be changed.  This written request should be given to the Registrar. 

If the college decides not to grant the request, the student has a right to a hearing.  Details regarding the hearing will be provided with notification of the student’s right to a hearing.

1. The right to provide written consent before the college discloses personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.  A full list of the disclosures that the college may make without consent is located in Section “C”.

The technical college may also disclose education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests.  A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position, including health or medical staff or outside personnel performing work usually performed by college personnel; a person serving on TCSG or the college’s board; a person employed by or under contract to TCSG or the college to perform a special task, such as an attorney or auditor; a person who is employed by a TCSG or the college law enforcement unit; a student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another TCSG or college official in performing his or her tasks; or a contractor, consultant, volunteer or other party to whom TCSG or the college has outsourced institutional services as provided in 34 CFR § 99.31 (a)(1)(i)(B).  For additional information, see TCSG Procedure for Student Records.

1. The right to file a complaint with the United States 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

400 Maryland Avenue, SW

Washington, DC 20202-4605

B.        Annual Notice of Directory Information Contents

“Directory Information” is information not generally considered harmful or an invasion of privacy if disclosed.  Effective fall semester 2012, the college has designated the following information as “Directory Information”

1. Full name of student
2. Address(es)
3. Telephone number(s)
4. County of residence
5. Email address(es)
6. Major and field(s) of study
7. Degrees and awards including nature and date received
8. Dates of attendance
9. School or division of enrollment
10. Enrollment status (i.e., full or part-time, undergraduate, graduate)
11. Name of institution last attended
12. Participation in official sports and activities
13. Height and weight of athletic team members
14. Photograph(s)

Students who wish to prohibit the release of directory information should file a written notification at the registrar’s office.

C.        Disclosures of Personally Identifiable Information Without Consent

            FERPA permits the disclosure of personally identifiable information from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.  Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of the FERPA regulations requires the institution to record the disclosure.  Eligible students have a right to inspect and review the record of disclosures.  For additional information on these categories, see TCSG Procedure for Student Records.  A postsecondary institution may disclose personally identifiable information without obtaining prior written consent of the student:

i) To TCSG and technical college officials who have a legitimate educational interest in the records.

ii) To officials of another school, upon request, in which a student seeks or intends to enroll.

iii) Subject to conditions set forth in 34 C.F.R. §99.35, authorized representatives of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, authorized representatives of the Attorney General of the United States for law enforcement purposes, or state and local educational authorities.

iv) College or TCSG officials or lending institutions, in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:

• determine eligibility for the aid;
• determine the amount of the aid;
• determine the conditions for the aid; or
• enforce the terms and conditions of the aid

v) State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to the state statute adopted prior to November 19, 1974, if the allowed reporting or disclosure  concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or information that is allowed to be reported pursuant to a state statute adopted after 1974, which concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released.  Nothing in this paragraph shall prevent the state from further limiting the number or type of state or local officials who will continue to have access thereunder.

vi) Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it was conducted.

vii) Accrediting organizations in order to carry out their accrediting functions.

viii) Parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954. The parent must provide a copy of their most recent federal income tax return establishing the student's dependency. Full rights under the act shall be given to either parent, unless the institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights.

ix) In connection with an emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or others.

x) To comply with a judicial order or lawfully issued subpoena, provided the college makes a reasonable effort to notify the student of the order or subpoena in advance of compliance.  Notification may be prohibited if the College receives a federal grand jury subpoena or any other subpoena which states that the student should not be notified.

xi) To an alleged victim of any crime of violence as that term is defined in Section 16 of Title 18, United States Code, or a non-forcible sex offense, the final results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime or offense with respect to that crime or offense.

xii) To Veterans Administration Officials pursuant to 38 U.S.C. § 3690 (c).

xiii) Information the college has designated as "directory information," unless a hold has been placed upon release of the information by the student.

xiv) To the court those records that are necessary to defend the College when a student initiates legal action against the institution and/or Department.

xv) The college may also disclose to any parent or legal guardian of a student under the age of 21 information about a violation of any federal state or local law, or any rule or policy of the technical college governing the use or possession of alcohol or a controlled substance if the institution determines that the student has committed a disciplinary violation with respect to such use or possession

Gramm-Leach-Bliley Act
The Financial Modernization Act of 1999, also known as the Gramm-Leach-Bliley Act or GLB Act, includes provisions to protect consumers' personal information held by financial institutions. There are three principal parts to the privacy requirements: the Financial Privacy Rule, Safeguards Rule and pretexting provisions. Southeastern Technical College complies with the aforementioned Congressional Act. Additional information on the Gramm-Leach-Bliley Act can be accessed at www.ftc.gov/privacy/privacyinitiatives/glbact/

Solomon Amendment
The Solomon Amendment requires the college to release student recruitment information to military recruiters. Student recruitment information is defined as name, address, age, major, dates of attendance, and award of credit. If a student or minor does not wish to have student recruitment information released to third parties, an objection form must be filed with the Registrar's Office.

Recordkeeping Requirements

Augusta Technical College shall maintain a record of requests for and/or disclosures of information from a student's education records. The record will indicate the name of the party making the request and what records, if any, were received, the legitimate interest in the records, any additional party to whom it may be redisclosed, and the legitimate interest the additional party had in requesting or obtaining the information. The record may be reviewed by the student. This recordkeeping is not required if the request was from, or the disclosure was to:

1. the student;
2. a school official determined to have a legitimate educational interest;
3. a party with written consent from the student;
4. a party seeking directory information; or
5. a Federal grand jury or law enforcement agency pursuant to a subpoena that by its terms requires nondisclosure.