Riverside Community College

The Family Educational Rights and Privacy Act of 1974, as amended (sometimes referred to as the Buckley Amendment), is a federal law that protects the privacy of education records of all students enrolled in schools beyond the high school level. Schools are required to maintain that privacy, primarily by restricting release of records and the access provided to those records. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld.

President Bush signed the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act" on October 26, 2001. Section 507 of the USA PATRIOT Act amends FERPA by permitting institutions to disclose, without the knowledge or consent of the student, personally identifiable information from the student's education records to the Attorney General of the United States or his designee in response to an ex parte order (one filed without notice to the student) in connection with the investigation or prosecution of terrorism crimes. Also, the school is not required to record such disclosures.

Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.

Records or notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person except a temporary substitute for the maker of the record (this might include notes an instructor makes while providing career/professional guidance to a student).
Records made or maintained by physicians, psychiatrists, psychologists, and other health professionals and paraprofessionals that are used only in connection with treatment of students.
Employment records when employment is not contingent on being a student, provided the record is used only in relation to the individual's employment.
Records created and maintained by a law enforcement unit of the institution used only for law enforcement purposes.
Post-attendance records, i.e., information about a person that was obtained when the person was no longer a student (alumni records) and does not relate to the person as a student.

FERPA allows institutions to identify certain types of information called "directory information" that may be disclosed without student consent at the College’s discretion. Directory information is defined as:

Student’s name
Address
Telephone listing
E-mail
Major field of study
Dates of attendance
Enrollment status, (e.g. full time/part time)
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Degrees and awards received
The most recent previous public or private school attended by the student
Any other information authorized in writing by the student

RCC has designated the above information as directory information and will release this information upon request, unless the student has restricted their directory information via the online application or in person by completing a “Change of Information” form which can be obtained and filed with the Admissions and Records office.

According to FERPA, a student can request that the institution not release any directory information about him/her. RCC Students give or withhold consent when they complete an Admissions Application.

Students who wish to restrict directory information should realize that their names will not appear in any university publications. Also, employers, scholarship committees and the like will be denied any of the student's directory information and will be informed that we have no information available about the student's attendance at RCC.

Any student may file a written request with the President of the College to challenge and amend the contents of education records which the student considers to be inaccurate, misleading, or otherwise in violation of his/her privacy or other rights.

A student may not challenge grades assigned in courses of instruction via this section.

At the postsecondary level, parents have no inherent rights to access or inspect their son or daughter's education records unless the student is under 18 years of age as defined in section 152 of the Internal Revenue Code of 1986.

If the student is over 18 years of age, records may be released to parents only if:

They have been given a written release by the student.
In compliance with a judicial order or subpoena.
The student has violated any Federal, State or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if it is determined that the student has committed a disciplinary violation with respect to that use or possession and the student is under the age of 21 at the time of disclosure to the parent. (See Board Policy# _____)

Students may grant their parents (or others) permission to access their educational records by writing a letter stating their intent to the Admissions and Records office. This letter must be accompanied by the appropriate photo identification for both parties and is valid for a single request. In the Student Financial Services office, a student may fill out a Consent to Release Information form.

With several exceptions provided by FERPA, RCC cannot release personally identifiable non-directory information in an education record without prior written consent from the student. Some examples of non-directory information include:

Birth date
Religious affiliation
Citizenship
Disciplinary status
Ethnicity
Gender
Grade point average (GPA)
Marital status
SSN/student I.D.
Grades/exam scores
Test scores (e.g., SAT, GRE, etc.)

RCC protects the privacy of all enrolled students. If a student chooses to allow an individual permission to access to their education record, they must do so by writing a letter stating their intent and the letter must be accompanied by appropriate identification from both parties and is valid for a single request. In the Student Financial Services office, a student can fill out a Consent to Release Information form which is valid for a school year.

The student's prior written consent is not required to disclose non-directory information under the following circumstances:

Parents may access or inspect their son or daughter’s education record if the student is under18 years of age.
Access by school officials who the institution has determined to have a legitimate educational interest.
Access by school officials at other schools where the student seeks to enroll.

A "school official" is any person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement unit, health staff, and student workers); a person or a company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a person assisting another school official in performing his or her tasks. 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.

Personally identifiable information may be required to determine eligibility for aid, the amount of the aid, the conditions for the aid, or to enforce the terms or conditions of the aid.

Access by the Principal Designated School Official (PDSO) and/ or the Designated School Official (DSO) to international student information as defined in The Federal Register 8CFR Section 214.3(g).

The Bureau of Citizenship and Immigration Services requires the PDSO/DSO to update the federal SEVIS database every semester or every time a change occurs in an international student's record.

All subpoenas and ex parte orders must be delivered to and reviewed by the Office of the Vice President of Administration and Finance before any information can be released.

The Riverside Community College District is dedicated to maintaining the absolute integrity of all student educational records. The District’s employees will ensure the student’s rights of access to and protection against the unauthorized disclosure of those records. The policy and regulations for inspection, review and security of student education records shall be in accordance with federal and state law and regulations. (Family Educational Rights and Privacy Act – FERPA)

The U.S. Department of Education made a conscious decision in 1988 to allow colleges to determine whether there is, in fact, a health or safety emergency that justifies disclosing non-directory information without the student's written consent. RCC considers the following criteria in determining whether an emergency situation exists:

Is the emergency a serious threat to the health or safety of the student or other individual(s)?
Is the information to be disclosed necessary to meet the emergency?
Are the parties to whom the information is to be disclosed in a position to deal with the emergency?
Is time of the essence in dealing with the emergency?

Contact RCC’s Safety and Police at (909) 222-8171 for assistance in evaluating potential emergency situations.

If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is "necessary to protect the health or safety of the student or other individuals." Factors considered in making this assessment are: the severity of the threat to the health or safety of those involved; the need for the information; the time required to deal with the emergency; and the ability of the parties to whom the information is to be given to deal with the emergency.

Consistent with its obligations under FERPA, RCC annually notifies students and their parents of the rights accorded them by FERPA. Students shall be advised of their rights regarding education records on the RCC application, class schedule and college catalog.

General questions and comments may be directed to the Admissions and Records Office at: 4800 Magnolia Avenue, Riverside, CA 92506, ATTN: Associate Dean/Director of Admissions and Records or you may phone Admissions and Records at (909) 222-8600.

If a student feels that the institution has not fully honored his or her privacy rights under FERPA, a written complaint may be filed with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, DC 20202-4605. The Family Policy Compliance Office investigates each timely complaint to determine whether the educational agency or institution has failed to comply with the provisions of FERPA. A timely complaint is defined as an allegation that is submitted within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation.

Many thanks to the University of Southern California for allowing us to adapt their FERPA Web site to our institutional policies.