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 enters a postsecondary institution at any age. Student education records are those records that contain personally identifiable information (PII). Examples of student records include academic transcripts, financial aid awards and student judicial files.
FERPA provides students the right to provide written consent before the San Luis Obispo Community College District discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
Section 99.10 of FERPA grants students the right to inspect and review their education records within 45 days after the day a request for access is submitted. A student should submit a written request to the Associate Dean, Financial Aid and Records that identifies the record(s) the student wishes to inspect. The Associate Dean, Financial Aid and Records will make arrangements for access and notify the student of the time and place where the records may be inspected. If the education records are not maintained by the Records Office, the Associate Dean shall advise the student of the correct official to whom the request should be addressed.
Directory information, information that is generally not considered harmful or an invasion of privacy if released, can be disclosed, including disclosure to outside organizations, without prior written consent. An example of release to outside agencies is Cuesta College press releases about student accomplishments including commencement, sports events, and performing arts productions. In addition, federal law requires local education agencies to provide military recruiters, upon request, with the following information – names, addresses, and telephone listings – unless the student requests their information be maintained as confidential.
The District has designated the following information as directory information:
In completing the admission application, students are provided the opportunity to request their directory information be maintained as confidential. Students may also submit a written request to the Enrollment Services Office at any time to become effective within 5 to 10 working days.
FERPA permits the disclosure of 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 for the following conditions:
No student information shall be disclosed for immigration enforcement purposes without a court order or judicial warrant. Without a court order or judicial warrant, written consent must be signed and dated by the student or (of the student is a minor) by the student’s parent(s) or guardian(s), before disclosure of the information, and must specify the records that may be disclosed, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made. See Administrative Policy 5040 for policy and contact information for the person to review and respond to a request for student records.
Students have the right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the District to amend a record should write the District official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the District decides not to amend the record as requested, the District will notify the student in writing of the decision and the student’s 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. (§99.22(e))
Cuesta College students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the District to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance OfficeU.S. Department of Education400 Maryland Avenue, SWWashington, DC 20202Phone (800) 872-5327