FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. This policy provides a uniform notice summarizing certain portions of those rights.

At YCCC, the following definitions apply:

• Student - any person who attends or has attended the College.
• Educational records - any record (in handwriting, print, tapes, film, or other medium) maintained by the College or an agent of the College that is directly related to a student, except:
  1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record;
  2. 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;
  3. Records maintained by YCCC, if the record is maintained solely for law enforcement purposes, is revealed only to law enforcement agencies of the same jurisdiction, and the unit does not have access to education records maintained by the College;
  4. Alumni records that contain information about a student after he or she is no longer in attendance at the College and do not relate to the person as a student.

1. Records Inspection

A student has the right to inspect and review the student's education records within 45 days of the day a college receives such request. A student should submit a written request identifying, as precisely as possible, the record or records he/she wishes to inspect to the Director of Enrollment Services (or designee). The appropriate official will arrange 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.

1. Right to Refuse Access

York County Community College reserves the right to refuse the student’s request to inspect the following records:

1. The financial statement of the student’s parent;
2. Letters and recommendations or statements for which the student has waived his or her right of access, or that were placed in file before January 1, 1975;

• Records connected with an application to attend YCCC or a component unit of the College if that application was denied;

1. Other records that are excluded from the FERPA definition of education records

1. Refusal to Provide Copies

York County Community College reserves the right to deny transcripts or copies of records not required to be made available by FERPA in any of the following situations:

1. The student has an unpaid financial obligation to the College.
2. There is an unresolved disciplinary action against the student.

1. Types and Locations of Education Records

The following is a list of the types of records that York County Community College maintains and their locations. The address for all the locations listed is 112 College Drive, Wells, ME 04090.

1. Record of Request for Disclosure

York County Community College will maintain a record of all requests for and/or disclosure information from a student’s education records. The record will indicate the name of the party making the request, the name of the recipient of the document(s) and the legitimate interest the party had in requesting or obtaining the information. A form is available for this purpose in the Enrollment Services Office.

1. Amendment of Records

Students have the right to request the amendment of records believed to be inaccurate, misleading or in violation of privacy rights under FERPA. Following are the procedures for the correction of records:

1. A student must ask the Director of Enrollment Services to amend a reco In so doing, the student should identify the part of the record he/she wants changed and specify why he/she believes it is inaccurate, misleading or in violation of his or her privacy other rights.
2. If YCCC does not comply with the request, the College will notify the student of the decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rig
3. Upon such a request, the College will arrange for a hearing, and notify the student, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing office The student shall be afforded an opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by one or more individuals.
5. YCCC will prepare a written decision based on the evidence presented at the hearing. The decision will summarize the evidence presented and the reasons for the decision.
6. If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right to privacy, it will notify the student that s/he has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decisi
7. The statement will be maintained as part of the student’s education records as long as the contested portion is mainta If YCCC discloses the contested portion of the record, it must also disclose the statement.
8. If YCCC decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amende

1. Student’s Right to Prevent Disclosure

A student has the right to provide written consent before a college discloses personally identifiable information from the student's education records, except to the extent that FERPA or other laws authorize disclosure without such consent.

1. College’s Rights to Disclose

YCCC may disclose education records without a student's prior written consent under a number of circumstances including, but not limited to, the following circumstances:

1. Health or Safety Emergency

YCCC may disclose education records without a student's prior written consent under the FERPA exception for an emergency that poses an imminent threat to health or safety.

1. Directory Information

Unless a student withholds consent by use of an opt-out form that the colleges shall provide to each student, a college may disclose certain education records without a student's prior written consent under the FERPA exception for directory information. FERPA permits MCCS to determine whether to recognize the concept of directory information and, if so, how to define such information and the circumstances of its disclosure. MCCS recognizes directory information only for use in its own purposes, publications, recognition of students, and efforts to help students access specific employment opportunities. In those instances, directory information includes a student’s full name; hometown; date of birth; the fact that a student is or was enrolled; enrollment status (e.g., full-time, half-time or less than half-time); class level and majors/minors; dates of attendance; degrees, honors or awards received; cumulative credit hours; participation in officially recognized activities and sports; certain biographical information of athletes; and photograph.

For clarity, directory information does not include a student’s identification number, mailing and permanent address(es); telephone number(s); parents’ names and addresses; GPA or grades; current schedule; information on academic standing (probation, disqualification, etc.) or whether student is eligible to return to school; accounts receivable balance; disciplinary records; financial records of parents; student employment records; psychiatric or psychological records; and copies of transcripts from other schools or colleges. In all other instances, MCCS regards such information to be part of a student’s education record protected from other disclosure under both FERPA and pertinent state law exceptions to the Freedom of Access Act.

1. School Officials with Legitimate Educational Interests

YCCC may disclose education records without a student's prior written consent to school officials under the FERPA exception for legitimate educational interests. For purposes of this provision, a “school official” is a person employed by a college and/or the MCCS in an administrative, supervisory, academic or research, or support staff position (including security and health personnel); a person or company with whom a college  has  contracted as its agent to provide a service instead of using college employees or officials (such as an attorney, auditor or collection agent); or a student serving on an official committee such as a disciplinary or grievance committee, or 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 responsibilities for a college.

1. Officials of Other Schools

Upon request, YCCC may disclose education records without consent under the FERPA exception for disclosures to officials of another school in which a student seeks or intends to enroll.

1. Lawfully Issued Orders and Subpoenas

YCCC may disclose education records without a student's prior written consent under the FERPA exception for complying with a judicial order or lawfully issued subpoena.

1. Financial Aid for which a Student has Applied

YCCC may disclose education records without a student's prior written consent under the FERPA exception for financial aid for which the student has applied.

1. Organizations Whose Work Will Improve MCCS Instruction

YCCC may make certain disclosures under FERPA without individual consent under the FERPA exception for disclosure to organizations conducting studies for, or on behalf of, the MCCS for the purpose of 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 is conducted.

1. Disclosure to Military Recruiters

YCCC must, as required by law, disclose education records without a student's prior written consent to requesting military recruiters.

1. Complaints

A student with questions or concerns about the student’s rights and a college’s responsibilities should promptly inform the appropriate college student services official. A student also has the right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA by contacting the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W. Washington, DC 20202-5901. (MCCS Policy – 502; 11/12)