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FERPA | Bismarck State College

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FERPA

BSC has responsibility under federal law, the Family Educational Right and Privacy Act (FERPA) of 1974, to protect the privacy of student education records, and the obligations of the institution regarding the release of educational records and the access provided to these records. Student educational records considered confidential may not be released without the written consent of a student unless such action is covered by exceptions permitted by the Act.

If you have any questions, regarding any information contained here, please contact Academic Records:
     
Phone: 701-224-5420
Email: BSC.records@bismarckstate.edu

BSC Forms

FERPA Release Request

Allows students to provide a consent to disclose personally identifiable information contained in their educational record. A student may either "ALLOW" the release of their information or "REVOKE" the FERPA information they already have on file.
 
  1. Sign into Campus Connection
  2. Select the BSC eForms tile
  3. Select Academic Records from the left menu
  4. Select "FERPA Release"


Please allow at least 5 business days for processing. 

Directory Information Request

Allows students to request directory information to remain private.  
Directory restriction will remain in effect until revoked by the student using Request to Remove Restriction of Directory Information request located on the BSC website.  Such revocation shall not affect disclosures previously made by the selected institution prior to the receipt of any such form submission requesting revocation. 
Please allow at least 5 business days for processing. 

BSC Policy

503.2 Privacy and Regulation of Student Records Policy
503.2 Privacy and Regulation of Student Records Policy Procedure
 

Student Rights

  • The right to inspect and review their education records
  • The right to request to amend their education records
  • The right to provide consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.
  • The right to request personally identifiable information, or directory information, not be made public.
  • The right to file a complaint with the U.S. Department of Education.
Students are defined as individuals who are or have been enrolled in credit classes’ at BSC, regardless of age or parental/guardian dependency status. FERPA does not apply to records of applicants for admission, who are denied acceptance and do not enroll in classes.

Educational Records

Educational records are those records, files, documents, or other materials that contain information directly related to a student and are maintained by the College or by a party acting on behalf of the College. This includes any information or data recorded in any medium such as handwritten, electronic, email, video, or audio tapes, etc.  It is more than just the academic record and is not confined to the student’s file in the academic records office.
Some examples educational records are:
  • A document with the student's name and ID
  • Personally identifiable information (SSN, DOB, Student ID, Address, phone, Gender, Race/Ethnicity, Residency status etc…)
  • Grades/G.P.A./Academic Standing
  • Class Schedule/Class Attendance/Rosters
  • Exams, papers, and other graded projects
  • Academic Performance
  • A computer display screen
  • Student financial records
 
What are not educational records:
  • Sole possession records: Records (desk drawer notes) of instructional, supervisory, and administrative personnel kept in the sole possession of the maker of the record and not revealed to anyone.
  • Law enforcement unit records: Records of our campus law enforcement unit created and maintained separately and used solely for law enforcement purposes.
  • Employment records: Records relating to persons who are employees. NOTE: Records of individuals who are employed as a result of their status as students (e.g. work-study or graduate assistant) are education records.
  • Medical records: Records kept and maintained by a health care professional, used solely in connection with medical or psychological treatment and are available only to individuals providing treatment. These records are protected by HIPAA.
    • Student medical or treatment record released for any purpose other than treatment, the record becomes educational and is released according to FERPA.
  • Alumni records: Records created by an institution after a student has left the institution. 
 
Consent is required to release educational records to any individual, agency, or organization other than to the following:
  • College official with a legitimate educational interest.
    • A college official is a person employed by the college or North Dakota University System in an administrative, supervisory, academic, research or support staff position (including law enforcement personnel and health staff); a person or company with whom the college has contracted to perform a special task (such as an attorney, auditor, or collection agent), a student serving on an official committee. employees of the North Dakota Attorney General's Office providing representation to BSC, to comply with a judicial order or lawfully issued subpoena and to parents in cases of drug or alcohol violation when the student is under the age of 21.
    • Legitimate educational interest is when a faculty, staff or other official needs to review an education record to fulfill his or her professional responsibility.    This could include a person serving on an official committee, (such as retention, scholarship, a disciplinary or grievance committee), an academic advisor needing access to an advisee record, person or organization acting as an official agent of the College and performing a business function or service on behalf of the institution including contracted vendors, and to parents in cases of drug or alcohol violation when the student is under the age of 21.
  • Information designated as “directory information”
  • Parents of a student who is a dependent for IRS tax purposes
  • To comply with judicial order or lawfully issued subpoena
  • In connection with health or safety emergency
  • Institution which the student seeks to enroll, if disclosure is for purposes relating to student enrollment or transfer
  • Person or company supervising an educational experience (clinical experience, practicum, internship, etc.)
  • Accrediting organizations to carry out their accrediting functions.
  • Person or organization related to credentialing or licensing a student
  • Person or company with whom the College or North Dakota University System has contracted (such as an attorney, auditor, or collection agent)  
  • Employees of the North Dakota Attorney General's Office providing legal representation to BSC
  • A person serving on the Board of Higher Education; or a student serving on an official committee, such as a disciplinary or grievance Committee, or assisting another College or University System official in performing his or her tasks
  • Authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities ("Federal and State Authorities") when investigating government sponsored or affiliated programs.
  • Organizations conducting studies for, or on behalf of, BSC, in order to develop, validate or administer predictive tests, administer student aid programs or improve instruction.
  • Parental notification for alcohol or drug offenses by a student under the age of 21.
 
Student seeking access to their educational record are subject to the following:
  • Student should submit to the Academic Records Office, written request that identifies the record(s) they wish to inspect.
  • A college official will review the request and forward as necessary if the records are kept by another office.
  • Arrangements will be made to provide access and inspection within 45 days of the request.
  • Students must provide proper identification prior to inspection.
  • Designated staff will review and interpret the contents of the record with the student.  No contents will be removed from the record.
 
Student has the right to ask the College to amend the education record if they believe the record contains information that is inaccurate, misleading, or otherwise in violation of the student's privacy rights. 
  • Student should provide in writing to the Academic Records Office:
    • Type of record seeking amendment
    • Amendment requested
    • Reasons why record is inaccurate or misleading
    • Any supporting documentation.
  • Designated department will review the request.
  • If the department decides not to amend the record as requested, the student will be notified in writing of the decision and of the student’s right to a hearing regarding the request for amendment.
 
Student who wishes to provide consent to disclose personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent must provide the college with signed and written consent.

A student may either "ALLOW" the release of their information or "REVOKE" the release of information they already have on file by completing the following:
  1. Sign into Campus Connection
  2. Select the BSC eForms tile
  3. Select Academic Records from the left menu
  4. Complete "FERPA Release"
Faxed requests are legal written release, email is not. The written consent must specify the records to be released. state the purpose of the disclosure, identify the party or parties to whom disclosure may be made and be signed and dated by the student and retained

Student who wishes to file a complaint with the U.S. Department of Education concerning alleged failure by BSC to comply with the requirements of FERPA should do so by providing specific allegations, giving reasonable cause to believe that a violation occurred to the following:
U.S. Department of Education
Student Privacy Policy Office
400 Maryland Ave. SW
Washington, DC 20202

Directory Information

Directory information is information contained in the educational record that would not generally be considered harmful or an invasion of privacy if disclosed.  Directory information may be disclosed publicly in printed, electronic, or other forms without prior written consent.
 
Directory items shall include:
  • Student legal name*
  • Hometown (city, state)
  • Campus e-mail address
  • Major field of study (all declared majors)
  • Minor field of study (all declared minors)
  • Class level
  • Dates of attendance
  • Enrollment status (withdrawn, half-time, full-time)
  • Names of previous institutions attended
  • Participation in officially recognized activities and sports
  • Height, weight and photos of athletic team members
  • Honors/awards received (end of term only)
  • Degree earned (all degrees earned)
  • Date degree earned (dates of all degrees earned)
  • Directory photos, photographs, and video recordings of students in public or non-classroom settings (photographs from classrooms or class-related activities are NOT directory information)
*If a student provides a preferred name, the college or university tries to use it when communicating directly with the student. Preferred name is a supported business practice, unless there is a documented business or legal reason to use a student’s legal name. When communicating with outside third parties, including parents, the college or university generally uses a student’s legal name.
 

Restrict Directory Information:  Under FERPA, students have the right to request directory information not be made public.  BSC has an obligation to meet the student’s request and not share this information.  Students who wish to restrict the release of directory information should realize that this action could have negative consequences.  The names of students who have restricted their directory will not appear in the commencement program or any other publication.  Also, employers, loan agencies, scholarship committees and the like will be denied directory information.  Should you decide to inform BSC to restrict directory information any future requests from non-institutional persons will be refused.
 
This restriction does not include a right to be anonymous in the classroom, either in person or in a distance education classroom.  

Allows students to request directory information to remain private.
Request to Restrict Directory Information


Directory restriction will remain in effect until revoked by the student using Request to Remove Restriction of Directory Information request located on the BSC website.  Such revocation shall not affect disclosures previously made by the selected institution prior to the receipt of any such form submission requesting revocation.
Request to Remove Restriction of Directory Information

Parent/guardian rights under FERPA

  • When a student reaches the age of 18 or begins attending post-secondary institution regardless of age, FERPA rights transfer to the student.
  • Parents may obtain non-directory information when their student has provided a signed consent (FERPA Release) to the institution or provides evidence of dependency as defined by Internal Revenue Code of 1986 – Section 152. 
  • Students may give access to a parent/guardian as a proxy to view or perform some actions in CampusConnection, such as view grades/classes or pay tuition.