Number: STU 090
Effective: November 1, 2010
Department: Student Affairs
Last Revision: June 7, 2021

Purpose

To establish guidelines for maintaining the confidentiality of student education records and defining student rights related to educational records under federal law.

Scope

Applies to all students who have are or have been in attendance/enrolled in any program at CWI.

Definition

Directory Information: Information contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed.

Education Records: Those records directly related to a student and maintained by CWI or by a party acting for CWI.

Eligible Student: A student who has reached the age of 18 or is attending a postsecondary institution. 

In Attendance/Enrolled Student: A student who is officially enrolled in at least one course as of the census date of the course.

Legitimate Educational Interest: When a school official needs to access/review an education record in order to fulfill his or her responsibilities for CWI. Any school official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for CWI has a legitimate educational interest.

School Official:  A person employed by CWI in an administrative, supervisory, counseling, faculty, or support staff position; a person or company with whom CWI has contracted as its agent to provide a service instead of using CWI employees or officials (such as an attorney, auditor, external evaluator, medical service provider, law enforcement or security personnel, or collection agent); a person serving on the CWI Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. 

Policy 

CWI shall follow all applicable state and federal laws, rules, and regulations that apply to student records. CWI shall implement procedures that ensure that student records cannot be accessed, modified, or released by any person not authorized to do so. Eligible students may access education records maintained by CWI.

Guidelines

Privacy Rights Of Student Educational Records

The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”), also known as the Buckley Amendment, is a federal law which states (a) that a written institutional policy regarding the privacy of student education records must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education and provides that the institution will maintain the confidentiality of student education records.

FERPA affords eligible students certain rights regarding their educational records. These rights include:

  • The right to inspect and review the student's records.
    •  The student may request to review his/her records by submitting a written request to the Registrar’s Office.
  • The right to seek amendment of the student's records that the student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
    • Requests for amendment of records must be in writing and must describe the specific portions or specific record(s) the student wishes to have amended, instructions as to the change desired, and reasons why the change is justified. If CWI decides not to amend the record as requested, CWI will notify the student in writing of the decision and the student’s right to a hearing regarding the request. Additional information regarding the hearing procedures shall be provided to the student when notified of the right to a hearing.
  • The right to consent to disclosure of personally identifiable information contained in the student's education records, except for when consent is not required by FERPA.
    • Written consent is not required for disclosure to: (34 CFR § 99.31)
  1. School officials with legitimate educational interest. The information must not be used for personal or other purposes extraneous to the school official’s areas of responsibility. Having access to education records does not constitute authority to share this information with anyone who does not have legitimate educational interest.
  2. Other schools to which a student is transferring
  3. Specified officials for audit or evaluation purposes
  4. Appropriate parties in connection with financial aid to a student
  5. Organizations conducting certain studies for or on behalf of the school
  6. Accrediting organizations
  7. Comply with a judicial order or lawfully issued subpoena
  8. Appropriate officials in cases of health and safety emergencies
  9. State and local authorities, within a juvenile justice system, pursuant to specific state law
  • The right to file a complaint with the Department of Education, Family Compliance Office, concerning alleged failures by CWI to comply with the requirements of FERPA.
    • Written complaints should be directed to: The Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5920.

Directory Information

CWI may disclose, without consent, directory information. Eligible students may request that the school not disclose directory information about them by submitting a written request to the Registrar.

Directory Information is defined by CWI as the following:

  • Student’s name
  • Student’s address
  • Student’s phone number
  • Student’s e-mail address
  • Student’s photograph
  • The most recent previous educational agency or institution attended
  • Enrollment status
  • Full-time/part-time attendance
  • Dates of attendance
  • Major field of study
  • Freshman/sophomore standing
  • Candidacy for degrees/certificates
  • Degrees conferred and dates on which degrees were awarded
  • Awards and honors received

Information that cannot be released without a student’s written consent includes the following:

  • Social Security Number
  • Student’s date of birth
  • Class schedule
  • Academic standing (e.g., probation or suspension)
  • Grade point average/grades
  • Transcript
  • Parent’s address
  • Gender
  • Exact number of enrolled credits
  • Nationality
  • Student disability status
  • Any information which is not considered to be directory information

Notification 

CWI shall notify enrolled students annually regarding their rights to privacy and confidentiality under FERPA. CWI shall use the catalog, website, direct email notifications and other methods of communication that are reasonably likely to inform students of their rights.

Health And Safety Emergency 

During a health or safety emergency, FERPA permits CWI school officials to disclose education records without a student’s written consent. When possible, CWI will only disclose designated directory information. However, when necessary to protect the health or safety of students or other individuals, CWI may provide more specific information to appropriate parties such as law enforcement officials, public health officials, and trained medical personnel. A school official may release education records in sufficient time for appropriate parties to act to keep individuals from harm or injury.

This exception is limited to the period of the emergency and generally does not allow for a blanket release of personally identifiable information from a student's education records. In addition, FERPA permits CWI to disclose information from education records to parents if a health or safety emergency involves their son or daughter. See 34 CFR § 99.31(a)(10) and § 99.36.

Disclosure Recordkeeping Requirements

Each office of CWI that maintains educational records must include within each student’s file, for as long as the file is maintained: (i) a record of all third parties who have requested or received personally identifiable information from a student’s educational record pursuant to FERPA; and (ii) the legitimate interest of the party in requesting or obtaining the information.

Retention of Student Records

The CWI Registrar’s Office follows State of Idaho Records Retention Schedules for Higher Education.