Policy Name: FERPA Policy

Owner: Vice President for Academic Affairs

Author: Registrar

Contact information: Jeri Collier, jcollier@css.edu

Effective Date: August 1st, 2023

Next Review Date: 

Applicable Laws, regulations, compliance: Family Educational Rights and Privacy Act     of 1974

I. Purpose

The Family Educational Rights and Privacy Act (FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 

Pursuant to the Family Educational Rights and Privacy Act of 1974, students are entitled to review education records, files, documents, and other materials which contain information directly related to the student, which is maintained by the College. Students may request a hearing, in accordance with the regulations issued by the Secretary of Education, to challenge the content of their education records in order to ensure that the records are not inaccurate, misleading, or otherwise in violation of their rights. Students may insert in their records a written explanation respecting the contents of such records if their suggested corrections or deletions are not made by the College.

II. Definitions

College Official: College officials include any administrators, faculty and staff who are employed by the College or any other person, agency, or organizational personnel appointed or contracted with to act on behalf of the college or to carry out the functions necessary to fulfill the purposes of the institution. In addition, students who are serving on a judicial board or committee are considered to be “College officials” for purposes of access to education records.

Directory Information: Name, student home and campus residential address, email address, student telephone listing, date of birth, major field of study, part-time/full-time status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, photograph, and the most recent previous educational agency or institution attended.

Education Record: Records that are directly related to a student and maintained by any party acting for or on behalf of The College of St. Scholastica if certain conditions are met. Education records are not: sole possession records, law enforcement unit records, employment records, medical records, or post-attendance records.

Education records (records that are directly related to a student) maintained by The College of St. Scholastica are these:

Academic: Housed by the Registrar, academic records includes but is not limited to admissions data, advanced standing data, courses completed, grades earned, dates of enrollment, graduation data, and academic penalties. Duration for record retention: Permanent.

Financial Account: Housed by Student Accounts, financial account records includes but is not necessarily limited to charges, payments, and delinquent accounts. Duration for record retention: 7 years after the fiscal year ends.

Financial Aid: Housed by the Director of Financial Aid, financial aid records include but are not necessarily limited to applications; Parents/Self/Family related materials; applications for federal/state/private programs and related materials; payroll information and contracts. Duration for record retention: Until federal statutory audit regulations are met.

Health Records: Housed by Student Health Services, health records include but are not necessarily limited to health history, visits, diagnostic tests/procedures, consultations, therapeutic/rehabilitative procedures, hospital treatment, and medication sensitivities. Records prior to 2011 are no longer retained by The College. Duration of record retention (after 2011): Permanent.

Conduct: Housed by the Dean of Students, conduct records include but are not necessarily limited to disciplinary records. Duration for record retention: 7 years after last enrollment. Please note that expulsion decisions are reflected on the CSS transcript permanently.

Alumni: Housed by the Advancement Office, alumni records include but are not necessarily limited to gifts, current address, telephone number, and name changes. Duration for record retention is: Until Federal statutory audit regulations are met.

Legitimate Educational Interest: Based upon a determination that access to the education record is appropriately needed by the “College official” to perform a responsibility, to evaluate a student, to obtain or furnish necessary information, or for other similar reasons.

III. Policy

FERPA does acknowledge the need for access to sufficient information to accomplish the duties assigned to a College employee. Therefore, advisors will have access to their advisees’ academic histories. College officials with global responsibilities will have access to all student records; for example, the President, the Vice-Presidents and academic division chairs. Certain offices must have access to all student academic records in order to complete their work; for example, Academic Advisement, Student Accounts Office, Financial Aid Office and Registrar’s Office. Department Chairs have departmental responsibilities and shall have access to the academic files maintained by the Registrar's Office for all students connected to their department. All teaching faculty will have access to the academic transcript of their current students. All employees who access student information must be ready to respond to any question from a student, or designated representative, regarding the educational need they had for that access. 

Information provided to an employee of the College is intended only for the employee’s use and any disclosure, copying or distribution of confidential information should take place with the assurance that the individual who received such information is properly trained and is engaged in College business. The College of St. Scholastica has selected its general catalog as the means of providing the required “annual notification of rights.” Notice is as follows:

Students are hereby notified that pursuant to the Family Educational Rights and Privacy Act of 1974, students are entitled to review those records, files, documents, and other materials which contain information directly related to themselves that are maintained by the College. It is further understood that a student may request a hearing, in accordance with the regulations issued by the Secretary of Education, to challenge the content of the educational records to ensure that the records are not inaccurate, misleading, or otherwise in violation of one’s rights. The student may insert in the records a written explanation regarding the contents of such records if the College does not make the suggested corrections or deletions. Student access and review is subject to the following conditions: 

• The College has 45 days to comply with a written request to the College official responsible for maintaining the records sought.
• All information declared confidential by the Act or excluded from the definition of “education records” in the Act, is not available for the student’s inspection.
• After reviewing the records, the student may request the unit maintaining the record to review or modify information believed to be misleading, inaccurate or inappropriate. If the request is refused, the student may insert in the records a written explanation regarding the contents they object to, or may file an appeal with the President’s Office; which will be heard by a person or committee designated by the President.

Students are further notified that the Act states that the following information can be construed to be directory information that is available to the public, and we hereby so declare it to be such directory information:

name, address, telephone listing, date of birth, photograph, major field of study, part-time/full-time status, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, classification, degrees and awards received and the most recent previous educational agency or institution attended. Students have the right to inform the College that any or all of the bold-faced information should not be released without prior consent. If a student wishes to restrict the release of this information, a written request to that effect must be completed with the Registrar’s office. After the student has filed the required written request, the Registrar will notify the appropriate offices and begin to comply with the request as soon as possible.

No information other than the items listed above will be released without specific written permission except as provided by law. 

A complete statement of the College policy is available at https://www.css.edu/privacy-policy .

Procedure for Access: The College of St. Scholastica gathers and retains only information which is absolutely necessary to fulfill its purpose of assisting the student in personal and academic growth. Student access and review are subject to the following conditions:

The request to review one’s record must be made in writing to the College official responsible for the maintenance of the records sought. An opportunity to review all records maintained and permitted under FERPA will be granted within a reasonable period of time, at a convenient time during normal office hours, but in no event beyond a 45-day period from the date of the written request. The review of records will be made in the presence of a College official. Upon request, an explanation or interpretation will be given with respect to any record.

Access (Viewing Only): Since persons become legal adults in Minnesota at the age of 18, The College of St. Scholastica grants the right of access to students rather than parents. College officials do not release student education records to parents or guardians without the student’s written authorization.

Copies: A copy of any record to which the student has legal access will be furnished upon written request EXCEPT when the student has an unpaid account balance and/or unpaid fines result from the misuse of library or parking privileges or other similar assessments. Requests for copies of education records will be denied until the student has satisfied all financial obligations. Certified mail will be used to deliver copies. Students who resided in California while engaged in their learning at The College of St. Scholastica will be allowed a transcript based on California Educational Debt Collection Practices Act (AB-1313).

Exceptions - Access to Records: Students do not have access to the following records:

• personal notes of administrative, instructional or supervisory personnel which are not accessible or revealed to other parties;
• financial information of parents;
• records of the security unit, which are maintained apart from other records maintained solely for law enforcement purposes and not disclosed or revealed to other parties;
• confidential letters and statements of recommendation placed in the files before January 1, 1975;
• confidential letters and statements of recommendation where the student has waived the right to access, including waivers with respect to specified classes of education records and person or institutions;
• medical, psychiatric, or psychological data: Students may designate a professional person to whom data may be released;
• records of the College, which contain only information relating to persons after they are no longer a student (alumni records);
• records relating to a student who is employed by the College, which relates exclusively to the employment.

Exceptions - Release of Records: Records of students may be released without their consent as follows:

• directory information, unless specifically requested to the contrary;
• parents of minor students or certified financial dependents;
• information in connection with a student’s application for or receipt of financial aid;
• information needed in connection with an emergency to protect the health, safety and welfare of a student or other persons.

Record of Disclosures: Each college office maintaining educational records will keep a permanent record of disclosures of personally identifiable information TO OTHER THAN SCHOOL OFFICIALS AND PERSONS DESIGNATED BY THE STUDENT. The record shall include name, address, and reasons for the request of persons requesting information and whether or not the request was granted. Access to this record shall be given to the student.

IV. Individuals and entities affected by this policy

All faculty, staff, and students. 

V. Related documents, forms, and procedures 

VI. History and updates

August 1, 2023: The policy was put into a new standard template. Headers and related documents and procedures were added if applicable. No substantive changes were made to content.

The College reserves the right to modify policies at any time, ensuring the involvement of relevant committees and constituents in the decision-making process (e.g., policy committee, faculty assembly, staff council, student government association, etc.).