Maintenance of Academic Records & FERPA
The Registrar's Office maintains active and inactive student academic records. Leech Lake Tribal College complies with FERPA regulations as follows.
FAMILY EDUCATION RIGHTS AND PRIVACY ACT of 1974 (FERPA)
Overview
FERPA applies to all colleges and universities that receive funds under any program of the U.S. Department of Education. FERPA is a federal law that gives students the right to have access to their education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information for the education records. Parents transfer their rights under FERPA to their child when he or she has attained 18 years of age or is attending an institution of post secondary education.
Student Rights under FERPA
I. The student has the right to inspect and review the education records relating to the student maintained by the institution the student attends or has attended.
Education records are those records, files, documents, and other materials that contain information directly related to a student; and are maintained by an educational agency; may include:
- Admission records
- Cumulative academic records
- Financial Aid records
- Financial records
- Placement records
- Progress reports
- Disciplinary records
- Health records
Education records do not include:
- "Sole possession" records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute;
- Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement;
- In the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee are not available for use for any other purpose; or
- "Medical Treatment" records on a student who is 18 years of age or older, or is attending an institution of postsecondary education which are made or maintained by a physician, psychiatrist, psychologist or recognized professional or paraprofessional acting in his professional capacity, and which are made, maintained, or used solely in connection with the provision of treatment to the student, and are not available to anyone other than the persons providing such treatment, except that such records can be personally reviewed by physician or other appropriate professional of the student's choice.
- "Post-attendance" records that only contain information about an individual after he or she is no longer a student at that institution
Procedure to Inspect and Review:
- Complete Request to Inspect & Review form located in the Student Services Office.
- Submit form to the Registrar.
- Student will be notified, by letter, of inspection and review date; not to exceed 45 days.
II. The student has the right to challenge and require the school to amend any portion of the education records concerning the student that is inaccurate, misleading or otherwise in violation of the student's privacy rights.
Procedure to challenge
- Student will check unsatisfactory box in Section and complete Student Statement on page 2 of form.
- The Registrar will discuss challenge issue with Dean of Student Affairs, Dean of Academics and Vice President of Academics and Student Affairs.
- Vice President of Academic and Student Affairs will make final decision.
- Student will be notified of final decision, by letter, from the Registrar.
III. The student has the right to require the institution to get written consent before the disclosure of personally identifiable information.
Personally identifiable information includes but is not limited to:
- Student name;
- The name of the student's parent or other family member;
- The address of the student or student's family;
- A personal identifier, such as the student's social security number or student number;
- A list of personal characteristics that would make the student's identity easily traceable; or
- Other information that would make the student's identity easily traceable.
Exceptions to written consent requirement include:
- School officials with legitimate educational interest.
- Other schools to which a student is transferring.
- Specified officials for audit or evaluation purposes.
- Appropriate parties in connection with financial aid to a student.
- Organizations conducting certain studies for or on behalf of the school.
- Accrediting organizations.
- To comply with a judicial order or lawfully issued subpoena.
- Appropriate officials in cases of health and safety emergencies.
- State and local authorities, within a juvenile system, pursuant to specific state law.
- Colleges and Universities may disclose "directory information" (information not considered harmful or an invasion of privacy): student's name, address, e-mail address, telephone numbers, school, class, major field of study, photographic, video or electronic images, participation in officially recognized activities and sports, dates of attendance, degrees and awards received, and the most recent previous school attended.
Dependent Students
If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision; the college may disclose any education records, including financial records, to a student's parents. If the student is not a dependent, then the student must give consent for the college to disclose the information to the parents.
High School Post Secondary Enrollment Option (PSEO) Students
Students enrolled in high school and a postsecondary institution. The college and high school may exchange information on a student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the college to the high school. The student must give consent for the college to disclose the information to the parents.
