FERPA & Data Privacy
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a Federal law which states (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student education records.
A variety of records are created and maintained by the college for students as they progress from admission through graduation. Such records are the property of LC State and do not belong to the student.
The Registrar & Records Office is the primary contact for all student information inquiries.
Records, in any media, that are directly related to a student and maintained by Lewis-Clark State College (LCSC) or by a party acting for the institution.
Records NOT protected by FERPA include:
- records of instructional, administrative, and educational personnel which are the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute
- records maintained by College security/law enforcement unit
- records of employment which relate exclusively to individuals in their capacity as employees (records of students employed by the College as a result of their status as students are education records, e.g. work-study)
- records created, or maintained by a physician, psychiatrist or other recognized professional acting in his or her professional capacity (including counseling and health records)
Any individual who is enrolled in a LC State credit or non-credit course. This excludes Dual Credit students.
Lewis-Clark State College considers the following Directory Information and WILL release this information WITHOUT the written consent of the student:
- Student name
- Address listings
- Telephone listings
- E-mail address
- Dates of attendance
- Enrollment status
- Class level
- Previous colleges attended
- Major/minor field of study
- Degree types and dates
- Club and athletic participation records
- Height and weight of members of athletic teams
- Scholarships Awarded
- College Leadership Position
- High-School attended/hometown
- Satisfactory academic standing/ honor roll or other recognition lists
Lewis-Clark College considers the following Non-Directory Information and therefore will NOT release this personally identifiable information without the student’s written consent:
- Date of birth/age
- Social security number
- Student ID number
- Class schedule/roster
- Unsatisfactory academic standing
- GPA (term and cumulative)
- Credits (term and cumulative)
Students may submit a Directory Information Restriction Request form to the Office of the Registrar to prevent directory or non-directory information from being released. Placing a full Non-Disclosure hold on student records will cause any and all future requests for contact information from LCSC persons, on non-essential matters, and from non-institutional persons and organizations, including scholarship organizations, prospective employers, and transcript request, etc., to be denied. The restriction will remain in place even after students have stopped attending or have graduated from Lewis-Clark State College and will only be removed if rescinded in writing by the student.
FERPA affords students certain rights with respect to their education records. These rights are:
- 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 registrar, dean, head of the instructional division, or other appropriate official, written requests that identify the record(s) they wish to inspect. The 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 the 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.
- The right to request an amendment of a student's education record that the student believes is inaccurate or misleading. Students should 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.
- The right to consent to disclosures of personally-identifiable non-directory information contained in a student’s education records, except for those disclosures permitted under FERPA. FERPA permits disclosures of education records to school officials with legitimate educational interests. A school official is defined as a person employed by the College in an administrative, supervisory, academic, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); or a person assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
- The right to file a complaint with the Registrar & Records Office regarding any perceived FERPA violation. Upon receipt of the complaint, the Registrar will work with the V.P. for Student Affairs to investigate the complaint and take all necessary action to comply with the requirements of FERPA.
- The right to file a complaint with the U.S. Department of Education concerning any alleged failures by Lewis-Clark State College to comply with the requirements of FERPA as set above.
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4604
The Registrar & Records Office will not release class schedules or locations for any student. In the event that a student needs to be contacted, a message will be delivered to the student. However, this will only be done in emergency situations where the health and/or safety of an individual are of concern. It is the responsibility of all students to make available their whereabouts to parents, children, spouses or anyone else they deem appropriate.
When talking to students about their records, LCSC staff must make a reasonable attempt to verify that students are who they claim to be. This applies to in-person, phone and e-mail exchanges. An exception exists for inquiries received from an LCSC e-mail account.
- In-person: Before divulging information about a student's record, staff should ask for photo ID from that student. If the student does not have photo ID, staff should ask the student for at least one of the following: Student ID, SSN, birth date, phone number, or address. Staff who remain unsure about a student's identity should ask for answers to a combination of the above.
- LCMail: Since students must use their usernames and passwords to access their LCMail accounts, LCSC student e-mail is considered "secure" by the institution. Staff can assume that inquiries received from a student's LCMail account are from the student. No further verification is needed; however, no secure information (e.g. tax forms, social security card, banking documents) should be sent or requested through LCMail.
- Phone: Before divulging information about a student's record, staff should ask the student for one of the following: Student ID, SSN, birth date, phone number, or address. Staff who remain unsure about a student's identity should ask for answers to a combination of the above. If the student’s identity cannot be verified, no information should be shared.
- Other Email: No student information should be shared through personal, generic, or non-LCMail email addresses.
Under FERPA a student does not have a right to access and review certain records including:
- Financial information submitted by parents.
- Confidential letters and recommendations placed in the student's file before 01/01/75.
- Confidential letters, etc., associated with admissions, employment, job placement or honors to which a student has waived
- rights of inspection and review.
- Educational records containing information about other students such as grades, test scores, etc.
Student consent must be obtained before disclosing non-directory information, with some exceptions. Any information not defined explicitly as directory information is considered non-directory information. FERPA permits disclosure of non-directory information without student consent in circumstances outlined below:
- School faculty and staff who have a need to know to fulfill their official responsibilities.
- Other schools to which a student is transferring.
- Accrediting organizations.
- Organizations doing certain studies for or on behalf of the College.
- Appropriate parties in connection with financial aid to a student.
- Records can be released to parents of an eligible student if the student is a dependent for IRS tax purposes (except for health or counseling records which will not be disclosed without student consent or as required by law).
- Certain government officials in connection with local, state or federally-supported education programs.
- Individuals who have obtained court orders or subpoenas.
- Faculty and school officials who have a need to know concerning disciplinary action taken against a student.
- Persons who need to know in cases of health and safety emergencies when necessary to protect the health and safety of the student and/or others.
- State and local authorities to whom disclosure is required by state laws.
The Solomon Amendment is a federal law that requires colleges and universities to release certain information for currently enrolled students to the military for recruitment purposes. More information can be found here.