FERPA

Student Records – 2016 Annual Notification of Rights under 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 at any age.) These rights include:

  1. The right to inspect and review the student’s education records within 45 days after the day the Cincinnati College of Mortuary Science (“College”) receives a request for access. A student should submit to the Registrar or Academic Chair a written request that identifies the record(s) the student wishes to inspect. The appropriate college official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by 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.
  2. 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 College to amend a record should write the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the College decides not to amend the record as requested, the College 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.

  1. The right to provide written consent before the College discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to college officials with legitimate educational interests. A college official is typically includes a person employed by the college in an administrative, supervisory, academic, research, or support staff position (including law en­forcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance com­mittee. A college official also may include a volunteer or contractor outside of the [college who performs an institutional service of function for which the College would otherwise use its own employees and who is under the direct control of the College with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another college official in performing his or her tasks. A college official typically has a legitimate educational interest if the official needs to review an educa­tion record in order to fulfill his or her professional responsibilities for the College.
  1. 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. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Disclosure Without Consent

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 college 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 —

  • To other college officials, including teachers, within whom college has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the College has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
  • To officials of another higher learning institute where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the College, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 31(a)(10))
  • Information the College has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if college determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of college rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of college, governing the use or possession of alcohol or a controlled substance if college determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Directory Information

The Family Educational Rights and Privacy Act (FERPA) permits the public release of what is termed “directory information.” For the College’s purposes, this information includes the following:

  • student name
  • all addresses (including email) and telephone listings
  • date and place of birth
  • any photographs
  • cohort
  • number of hours registered
  • class standing
  • participation in officially recognized activities
  • dates of attendance
  • degrees awarded and total hours earned
  • special honors and awards
  • the most recent previous educational agency or institution attended by the student

A request for nondisclosure of the “directory information” must be filed with the Office of the Registrar, and will be honored by the College until the student asks to have it removed, whether or not the student is currently registered. Upon the death of a student, all privacy holds are removed.

All other student educational record information, including the student’s course schedule, are NOT considered directory information and are protected under FERPA.

For students -> 2016 Annual Notice of Rights under FERPA (Students)

For parents -> 2016 Annual Notice of Rights under FERPA (Parents)