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College Policies
& Procedures
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Policy Type: |
General Administrative |
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Policy Title: |
Buckley Family Educational Rights and
Privacy Act |
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Policy Number: |
GA-17 |
Purpose:
WAC 132J-164-010 Purpose of the Buckley Family Educational Rights and
Privacy Act policy for Green River Community College. (1) The Family
Educational Rights and Privacy Act of 1974 requires that colleges adopt
policies and guidelines concerning the rights of students to inspect their
educational records and the releasing of such records to third parties.
The act also provides that such students shall have the right of hearings
to correct or delete inaccurate, misleading or inappropriate data. The act
also provides that students shall be informed of the categories of records
maintained by the college which are related and identifiable to the
student.
(2) Green River Community
College is committed to conform to the minimum requirements of Section
438, Public Law 90-247 Title IV, as amended, 88 Stat 571-574 (20 USC
1232g) otherwise known as the Buckley Amendment Family Educational Rights
and Privacy Act.
(3) Green River Community
College is also committed to conform to the minimum requirements of the
statement of the rights and responsibilities of the student body of Green
River Community College (chapter 132J-120 WAC -- see Appendix).
(4) In compliance with the
above-stated guidelines this policy is designed to insure continued
confidentiality of student records and to govern the release of personally
identifiable information therein
Scope:
All students at Green River Community College
Definitions:
WAC 132J-164-020 Definitions. (1) "Administrative unit" shall mean any one
of a number of offices under the direction of a particular administrator,
and set up to maintain a variety of records and processes for the college.
(2) "Administrator" shall
mean those employees whose job duties are administrative by job
description and who exercise supervisory or other managerial
responsibilities over other employees.
(3) "Classified person"
shall mean any employee who is contracted for a job that is listed and
classified with the higher education personnel board of the state of
Washington.
(4) "College" shall mean
Green River Community College, District 10, state of Washington and the
personnel thereof, and any other community college centers or facilities
established within District 10, state of Washington.
(5) "Confidentiality" shall
mean the state of being held in secrecy or privacy, so as not to be
available to third parties.
(6) "Coordinator of
admissions" is the college employee who is charged with the responsibility
for maintaining applications, transcripts from other institutions, closed
program records, and other records required or developed in the admissions
process.
(7) "Credentials" shall
mean those records and recommendations kept on file by the placement
office for job or college placement purposes.
(8) "Dean for students"
shall mean the dean for students of Green River Community College,
District 10, state of Washington.
(9) "Directory information"
includes the following information relating to a student: The student's
name, address, telephone number, date and place of birth, major field of
study, participation in officially recognized activities and sports,
weight and height of members of athletic teams, dates of attendance,
degrees and awards received, the most recent previous educational agency
or institution attended by the student, and other similar information.
(10) "Educational records"
are official transcripts, documents, references, or other such information
which is in writing and is preserved as evidence.
(11) "Faculty" shall mean
any employee of Green River Community College, District 10, state of
Washington who has employment as a teacher, counselor, librarian, or other
position for which the training, experience, and responsibilities are
comparable as determined by the appointing authority, except
administrative appointments.
(12) "Financial aids
officer" is the college employee who is charged with the responsibility
for maintaining applications for financial aids, student financial
records, records of financial aids awards, work-study, and other
information as may pertain to the operations of the financial aid office.
(13) "Identifiable
information" shall mean any record or information of such a nature as to
aid in or cause the identification of the person to whom it relates.
(14) "Placement officer" is
the college employee who is charged with the responsibility for
maintaining credentials, recommendations, and other information as may
relate to the placement office.
(15) "President" is the
chief executive of the college appointed by the board of trustees.
(16) "Registrar" is the
college administrative employee who is charged with the responsibility for
maintaining transcripts, grades, and grade rosters.
(17) "Student" is any
person enrolled at the college.
(18) "Student body of Green
River Community College" includes all persons who are enrolled in classes
at the college.
(19) "Student body
president" shall mean the person elected to the position so-titled by a
vote of the student body of Green River Community College.
(20) "Third parties" shall
mean any and all persons and/or organizations other than the college or
the student.
Policy or Procedure:
WAC 132J-164-030 Informing parents of students and eligible students of
their rights. (1) This policy shall be included in the regular college
catalog as a means of informing parents and eligible students of their
rights.
(2) For the purposes of
this part, whenever a student has attained eighteen years of age, or is
attending an institution of postsecondary education, the rights accorded
to and the consent required of the parent of the student shall thereafter
only be accorded to and required of the eligible student.
(3) Dependent status of the
student does not affect his rights under this code.
WAC 132J-164-040 Procedures for parents and eligible students to request
or inspect personal records or to release their personal records to
designated persons. (1) A written request, dated and signed, must be
submitted by the parent or eligible student to the office maintaining the
student's record. Each office maintaining records shall be treated as an
independent entity so far as record requests are concerned.
(a) The person responsible
for the record shall respond to the request within a reasonable period of
time, but in no case more than 45 academic days, unless an unavoidable
hardship would be incurred by the response within that time. In such cases
an extension shall be mutually agreed on and the extension agreement
signed by the parties involved in the request.
(b) If a student is denied
access to his/her record, the person responsible for that administrative
unit shall respond in writing stating the reasons for the denial and the
procedures for appealing the denial.
(2) Persons making the
request must pay the specified fee or an appropriate cost of duplicating
the record which shall include cost of materials and personnel time, if
appropriate. The fee shall be a minimum of 25˘ and a maximum of $1.00 per
page, unless extraordinary circumstances require a higher fee. The exact
fee shall be determined by the administrative unit providing the copy
according to current fee costs of materials and salary schedules.
(3) The college will
disclose those records as required by federal or state statutes so long as
there is no violation of the Buckley Family Educational Rights and Privacy
Act.
(4) No student shall be
required to waive his/her rights to either maintain confidentiality or
disclose his/her records.
(5) No record will be
destroyed during a time when an outstanding disclosure request has been
filed on that record.
(6) Student directory
information will not be released without a written waiver by the student
involved.
(7) A record of disclosures
shall be maintained for each record disclosed to other than the student
identified in the record and college employees who are authorized or
designated to inspect or use such files.
(8) The following
administrative units and college personnel are authorized and recognized
to maintain student records:
(a) Registration - the
registrar has the responsibility to establish and maintain students
records as related to student enrollment, class achievement, attendance,
and rosters.
(b) Admissions - the
coordinator of admissions shall maintain all requests for admissions,
which shall include high school records, test scores, letters of
recommendation and copies of all correspondence as related to admissions.
These records are normally purged after two years of inactivity, after
which no admissions record is maintained.
(c) Financial aids - the
financial aids officer has the responsibility to compile personal
financial information in the determination of students eligibility for
financial aids.
(d) Placement - the
placement officer has the responsibility to aid students and faculty to
develop professional credentials for students for employment purposes. The
credentials may contain confidential letters of recommendation and grade
records.
(e) Veterans services - the
veterans services coordinator has the responsibility to establish and
maintain veteran students and dependent students of veterans records for
verification of enrollment, completion, and other records as may be needed
for compliance with veterans administration requirements.
(f) Dean for students - the
office of the dean for students is responsible for records of students
involved in extraordinary situations, such as disciplinary problems,
records of irregular behavior, violations of parking or other college
policies, local, state, or federal laws, or other types of situations
which are outside the normal education program.
(g) Health services - the
health services office maintains records regarding selective student
interviews, receipt of medication and participation in the health services
program.
(h) All other records shall
be considered incidental and not falling under the jurisdiction of this
policy.
(i) Financial records of
the parents are not at the students disposal.
WAC 132J-164-050 Students waiving right to
review records. (1) A student may waive his/her right to review his/her
record and confidential statements. This waiver would normally be given
for records such as those involving, but not limited to, confidential
recommendations, admissions to other institutions, honorary recognition,
application for employment, etc.
(2) Written waivers shall
state which record may be examined and for what purposes.
WAC 132J-164-060 Appeal of accuracy of
records. (1) When a student believes that his/her academic record is
inaccurate, an appeal may be made to the academic board, which will make a
determination about the accuracy of the record.
(2) The accuracy of all
other records may be appealed to an ad hoc records committee consisting of
six persons:
(a) Two students appointed
by the current student body president,
(b) Two faculty appointed
by the current faculty representative unit president,
(c) One classified person
appointed by the current classified staff representative unit president,
and
(d) One administrator
appointed by the president of the college.
(e) The dean for students
shall act as a nonvoting executive secretary for the committee.
(f) The informal hearing
shall be held within forty-five academic days of the written request,
unless both parties mutually agree on a later date.
(g) The time and location
of the hearing shall be determined by the dean for students and shall be
so far as practical to the convenience of the concerned parties.
(h) The committee shall be
selected for each case and dissolved at the determination of the case.
(i) The procedures and
operations of the committee shall be determined by the committee.
(j) The dean for students
must be notified if the student wishes to be represented during the
hearing.
(k) Any appeals may be made
to the president of the college within ten academic days. In all cases,
the decisions of the college president shall be final.
WAC 132J-164-070 Use of student records. (1)
The college may use a student's record for those purposes for which the
record was developed, and for other required activities or programs
conducted by the college. These uses may include, but not be limited to:
Admissions, development of employment credentials, transcripts, degree
achievement, honors program evaluation, eligibility for student body
offices, athletic eligibility, and payroll.
(2) All administration,
staff, faculty and other persons approved by the appropriate
administrative unit shall have access to students records when serving in
a normal educational interest.
(3) Federal, state, county
or other agencies may have access to students records if their access is
required for the maintenance and operation of the college, accreditation,
student financial aid, judicial order or subpoena, or in cases of
emergency when the student's health and safety is in jeopardy.
WAC 132J-164-080 Exclusion. (1) Exclusions
from the category of educational records and therefore from the effects of
the Buckley amendment's requirements for inspection and disclosure are:
(a) Records generated and
maintained by a physician, psychiatrist, psychologist or other recognized
professional or paraprofessional acting in his/her capacity,
(b) Records made and
maintained by a law enforcement unit of an educational institution solely
for the purpose of law enforcement,
(c) Records of
instructional, supervisory, and administrative personnel which are in the
sole possession of the maker thereof,
(d) Records relating to an
individual who is employed by the institution other than as a result of
his/her student status, and
(e) All records developed
prior to January 1, 1975, letters of recommendation made prior to January
1, 1975, or written with assurance of confidentiality, and all records
which have been obtained in accordance with the proper procedures, shall
be exempt from this policy and not subject to access by the student.
(2) These records may only
be reviewed by a physician or certified appropriate professional of mutual
agreement by the student and the administrative unit managing the record
for the college. If no mutual agreement can be reached, the president of
the college shall select an appropriate person to review the record.
Specific Authority:
Order 77-3, § 132J-164-010, filed 8/30/77; Order 77-3, § 132J-164-020,
filed 8/30/77; Order 77-3, § 132J-164-030, filed 8/30/77; Order 77-3, §
132J-164-040, filed 8/30/77; Order 77-3, § 132J-164-050, filed 8/30/77;
Order 77-3, § 132J-164-060, filed 8/30/77; Order 77-3, § 132J-164-070,
filed 8/30/77; Order 77-3, § 132J-164-080, filed 8/30/77
Law Implemented:
History of Policy or Procedure
Draft:
Adopted: August 30, 1977
Revised: April 5, 2005
Reviewed by:
Contact: John Ramsey, Director, Public Information, ext. 3360.
President's Staff Sponsor: John Ramsey, Director, Public Information, ext. 3360.
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