Privacy of Student Records – Family Educational Rights and Privacy Act (FERPA)
It is the College’s policy to protect the confidentiality of student education records and to provide access to students who wish to review their education records in accordance with established federal guidelines and regulations.
Notification of Rights under Family Educational Rights and Privacy Act (FERPA)
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 is 18 years of age or older or who attends a postsecondary institution). These rights include:
1. The right to inspect and review the student's education records within 45 days of the day the College receives a request for access. Students should submit to the Office of Admissions and Records or other appropriate official, written requests that identify the record(s) they wish to inspect. The College 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, the official shall advise the student of the correct official to whom the request should be addressed.
2. The right to request the amendment of the student's education records that the student believes are inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed and specify why it is inaccurate or misleading.
If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her 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.
3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosures without consent.
Directory Information may be released without the student's consent. Trocaire College designates the following items as Directory Information: student name, address, e-mail address, telephone numbers, photograph, date and place of birth, major field of study, grade level, name of academic advisor, participation in officially-recognized activities, dates of attendance, enrollment status, degrees, date of graduation, honors and awards received, and most recent previous school attended.
A student who wishes to have Directory Information withheld must notify the Office of Admissions & Records. Forms requesting the withholding of Directory Information are available in the Office of Admissions & Records. Trocaire College will assume a student's failure to request withholding of Directory Information as their consent to the release of this information.
4. Disclosure Without Consent
Trocaire College may disclose personally identifiable information from an education record of a student without consent if the disclosure meets one or more of the following conditions:
The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
The disclosure, subject to the requirements of Title 34, Sec. 99.34, of the Code of Federal Regulations (34 C.F.R. § 99.34), is to officials of another school, school system, or institution of postsecondary education where the students seeks or intends to enroll.
The disclosure is, subject to the requirements of Title 34, Sec. 99.35, of the Code of Federal Regulations (34 C.F.R. § 99.35), to authorized representatives of 1) The Comptroller General of the United States; 2) The Secretary; or 3) State and local educational authorities.
The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: 1) determine eligibility for the aid; 2) determine the amount of the aid; 3) determine the conditions for the aid; or 4) enforce the terms and conditions of the aid.
The disclosure is to State and local officials or authorities to whom this information is specifically: 1) allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or 2) allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of Sec. 99.38.
The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: 1) develop, validate or administer predictive tests; 2) administer student aid programs; or 3) improve instruction.
The disclosure is to accrediting organizations to carry out their accrediting functions.
The disclosure is to parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1954.
The disclosure is to comply with a judicial order or lawfully issued subpoena.
The disclosure is in connection with a health or safety emergency, under the conditions described in Title 34, Sec. 99.36, of the Code of Federal Regulations (34 C.F.R. § 99.36). Accordingly, Trocaire College may release personally identifiable information from an education record to appropriate parties if knowledge of the information is necessary to protect the health or safety of the student or other individuals. If, based on the totality of the circumstances, Trocaire College determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
The disclosure is information the educational agency or institution has designated as "directory information", under
the conditions described in Title 34, Sec. 99.37, of the Code of Federal Regulations (34 C.F.R. § 99.37).
The disclosure is to the parent of a student who is not an eligible student or to the student.
The disclosure is to an alleged victim of any crime of violence, as that term is defined in Section 16 of Title 18, United States Code, of the results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of the crime with respect to that crime.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Trocaire College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, D.C. 20202-4605