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PHOENIX COLLEGE 2013–2014 CATALOG AND HANDBOOK
Student Records (AR 2.5.3) 1.
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MCCCD Common Policies
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Definitions For the purposes of this policy, the Maricopa County Community College District has used the following definition of terms. A. "College" includes all colleges, educational centers, skill centers and District office. B. "Educational Records" are any record (in handwriting, print, tapes, film, or other media) maintained by the college or an agent of the college which is directly related to a student, except: i. A personal record kept by a staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker's temporary substitute ii. 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 iii. Records maintained by the colleges security unit, if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction and the security unit does not have access to education records maintained by the community college. iv. Alumni records which contain information about a student after he or she is no longer an attendant of the community college and the records do not relate to the person as a student Records Request Official verification of educational records is issued by the Admissions and Records Office/Office of Student Enrollment Services. Fees If a copy(ies) of a portion or all of the records in a student's file is requested, the custodian of the records may charge a fee for copies made. However, the willingness or ability to pay the fee will not effectively prevent students from exercising their right to inspect and review (under supervision of a college employee) their records. A fee will not be charged to search for or to retrieve records. Standard fees for printing and duplication services will apply. Annual Notification (See also FERPA Explanation) Students will be notified of their further rights annually by publication in the college catalog and/or the student handbook. Rights of Access to Educational Records The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include: A. The right to inspect and review the student's education records within 45 days after the day the college receives a request for access. Students should submit to the college admissions and records department written requests that identify the record(s) they wish to inspect. The college official 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 college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. B. The right to request the amendment of the student's education records that the student believes is inaccurate, or misleading. Students may ask the college to amend a record that they believe is inaccurate or misleading. They should write the college official responsible for the record, clearly identify
the part of the record they want changed, and specify why it is inaccurate or misleading. 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 his or her 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 FERPA appeal process is also outlined in the Student Handbook and in Appendix S-17 of the MCCCD Administrative Regulations. C.
The right to provide written consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. Conditions Of Disclosure Without Consent FERPA permits the disclosure of Personally Identifiable Information (PII) 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 FERPA Regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A Postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student: 1. To other school officials, including instructors, administrators, supervisors, Governing Board members, academic or support staff, law enforcement and health staff, within the MCCCD whom the college or District has determined to have legitimate educational interests. 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 responsibilities. This includes contractors, attorneys, auditors, collection agents, consultants, volunteers, or other parties to whom the college has outsourced institutional services or functions, provided that the conditions listed in §99.31(A)(1)(I)(B)(1) – (A)(1)(I)(B)(2) are met. (§99.31(A)(1)) 2. To officials of another school where the student seeks to or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(A)(2)) 3. To authorized representatives of the US Comptroller General, the US Attorney General, the US Secretary of Education, or state and local educational authorities, such as a state postsecondary authority that is responsible for supervising the college’s statesupported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement, or compliance activity on their behalf. (§§99.31(A)(3) AND 99.35) 4. 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. (§99.31(A)(4))