ADMINISTRATIVE RULE NO: 7040-01

RELATED TO POLICY SERIES NO: 7040

TITLE: STUDENT RECORDS AND DISCLOSURE OF STUDENT RECORDS INFORMATION

PURPOSE

This rule is to satisfy compliance with the Family Education Rights to Privacy Act (FERPA) and provide guidelines to departments and to inform students about how the college maintains, secures and uses information about students to provide services and conduct evaluation about the learning environment. The rule also describes the rights of students to determine their records.

DEFINITIONS

1. Directory Information
   Information contained in an educational record of a student that generally would not be considered harmful or an invasion of privacy if disclosed.  Directory information is defined in Administrative Rule 7040-02.  Linn-Benton Community College shall determine what information is designated “directory information”. 
   
   
2. Disclosure
   Permit access to or the release, transfer, or other communication of education     records, or the personally identifiable information contained in those records,     including social security number, to any party by any means, including oral,      written, or electronic means.
   
   
3. Education Records
   1. The term means those records that are created as a result of the individual’s status as a student and maintained by a community college or by a party acting for the community college.
   2. The term does not include:
      1. Records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
      2. Records of a law enforcement unit of a community college;
      3. Records relating to an individual who is employed by a community college, that are made and maintained in the normal course of business, that relate exclusively to the individual in that individual’s capacity as an employee and that are not available for use for any other purposes. Records relating to any individual in attendance at the college who is employed as a result of his or her status as a student are education records and are not excepted under the subsection;
      4. Faculty records, relating to personal matters of faculty members such as conduct, personal and academic evaluations, and disciplinary actions;
      5. Records on a student who is attending a community college that are:
         1. Made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional capacity of assisting in a paraprofessional capacity;
         2. Made, maintained, or used only in connection with the treatment of the student; and
         3. Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of the instruction at the college.
      6. Records that only contain information relating to the activities in which an individual engaged after he or she was no longer a student at that community college; and
      7. Medical or nursing records that are made or maintained separately and solely by a licensed health care professional and that are not used for education purposes or planning.
         
         
4. School Official is a person:
   1. employed by the College in an administrative, supervisory, academic or research, or support staff position;
   2. serving on an institutional governing body
   3. employed by or under contract to the institution to perform a special task, such as an attorney or an auditor;
   4. or organization acting as an official agent of the institution and performing a business function or service on behalf of the institution (the function or service must be one that the institution normally would perform itself);
   5. serving on a committee; or
   6. assisting another school official in fulfilling his or her professional responsibilities (e.g. work study)
      
      
5. Oregon Community College Reporting System
   Student records are shared with the Higher Education Coordinating Commission for the purposes of state funding and program evaluation.
   
   
6. Party
   An individual, agency, institution, or organization.
   
   
7. Personally Identifiable Information includes, but is not limited to:
   1. The student’s name;
   2. The name of the student’s parent, children, spouse, or other family members;
   3. The address of the student of the student’s family;
   4. The telephone number of the student or the student’s family
   5. A photograph of the student;
   6. A personal identifier, such as the student’s social security number or student number;
   7. A list of personal characteristics that would make the student’s identity easily traceable; or
   8. Other information that would make the student’s identity easily traceable.
      
      
8. Record
   Information recorded in any way, including but in any way, including but not limited to handwritten, printed, taped, filmed, microfilmed, microfiched, electronically and/or digitally recorded.
   
   
9. Student
   Any individual who is or has been in attendance at an Oregon community college and regarding whom the college maintains education records.

RIGHTS OF INSPECTION, REVIEW, AND AMENDMENT

1. Each college shall permit a student to inspect and review his/her education records.
   
   
2. The college shall comply with a request for access to records within a reasonable period of time, but in no case more than 45 days after it has received the request.
   
   
3. The college shall respond to reasonable requests for explanations and interpretations of the records.
   
   
4. If a student so requests his/her records, the college shall give the student a copy of the student’s education records pursuant to ORS 192.440, except that no copy of test protocols, test questions and answers, and other documents described in OR 192-504(4) shall be provided unless required by federal law.
   
   
5. The college shall not destroy any education records if there is an outstanding request to inspect and review the records under this section.
   
   
6. Although a college is not required to give a student access to treatment records, under the definition of “education records” in OAR 581-41-410(3)(b)(D), the student may, at his or her expense, have those records reviewed by a physician or other appropriate professional of the student’s choice.
7. If the education records of a student contain information on more than one student, the student may inspect, review, or be informed of only the specific information about that student.
   
   
8. A college does not have to permit a student to inspect and review the following records:
   1. Financial records of the student’s parents;
   2. Confidential letters and statements of recommendation if the student has waived his or her right to inspect the letters and statements under the procedure in 34 CFR, Section 99.12(b)(2).
      • If a student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s right of privacy or other rights, he or she may ask the college to amend the record.
      • The college shall decide whether to amend the record as requested within a reasonable time after the college receives the request.
      • If the college decides not to amend the record as requested, it shall inform the student of its decision and of his or her right to a hearing under OAR 581-41-450.

FEES FOR COPIES OF EDUCATION RECORDS

Educational records are public records under ORS 192.410 through 192.505 for purposes of charging fees.

Unless the imposition of a fee effectively prevents a student from exercising the right to inspect and review the student’s education records, the college may charge a fee for a copy of an educational record which is made for the student subject to section (C) of this rule.

The college may not charge the student a fee to search for or to retrieve the education records of the student.  Fees may be charged to persons or organizations who are not students, including persons seeking education records pursuant to a subpoena. 

RIGHT TO A HEARING TO CHALLENGE CONTENT AND CONDUCT OF A HEARING

1. Linn-Benton Community College shall give a student, on request, an opportunity for a hearing to challenge the content of the student’s education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy or other rights of the student.
   
   
2. If, as a result of the hearing, the college decides that the information is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall:
   1. Amend the record accordingly; and
   2. Inform the student of the amendment in writing.
      
      
3. If, as a result of the hearing, the college decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place a statement in the hearing record commenting on the contested information in the record or stating why he or she disagrees with the decision of the college, or both.
   
   
4. If a college places a statement with the contested part of the record of the hearing under section (C) of this rule, the college shall:
   1. Maintain the statement with the contested part of the record for as long as the record is maintained;
   2. Disclose the statement whenever it discloses the portion of the record to which the statement relates; and
   3. Flag electronic student records to indicate that a contested case hearing record exists.
      
      
5. The hearing required by section (A) of this rule must meet at a minimum the following requirements:
   1. The college shall hold the hearing within a reasonable time after it has received the request for the hearing from the student;
   2. The college shall give the student notice of the date, time, and place    reasonably in advance of the hearing;
   3. The hearing may be conducted by any individual, including an official of     the college, who does not have a direct interest in the outcome of the hearing;
   4. The college shall give the student a full and fair opportunity to present evidence relevant to the issue raised under this rule. The student may, at his or her own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney;
   5. The college shall make its decision in writing within a reasonable period of time after the hearing;
   6. The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision.

PRIOR CONSENT TO DISCLOSE INFORMATION

1. The student shall provide written consent before a college discloses personally identifiable information from the student’s education records, except as provided in OAR 581-41-420, and in accordance with the college’s policy adopted under OAR 581-41-410(1)(d).
   
   
2. The consent must:
   1. Specify the records that may be disclosed;
   2. State the purpose of the disclosure; and
   3. Identify the party or class of parties to whom the disclosure may be made.
      
      
3. When a disclosure is made under section (A) of this rule, if the student so requests, the college shall provide him or her with a copy of the records disclosed. “Records disclosed” may consist of a list of data elements included in OCCURS records.
   
   
4. A record of consent shall be maintained for as long as the individual’s records are maintained.

EXCEPTIONS TO PRIOR CONSENT REQUIREMENT

A college may disclose personally identifiable information from an education record of a student without the consent required by OAR 581-41-470 if the disclosure meets one or more of the following conditions:

1. The disclosure is to other school officials who have legitimate educational need to access the records.
   
   
2. The disclosure is subject to the requirements of OAR 581-41-420(1)(m), to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll.
   
   
3. The disclosure is for the purposes of an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal or state requirements that relate to those programs, and is an authorized representative of:
   1. The comptroller General of the United States;
   2. The secretary of the United States Department of Education; or
   3. State or local educational authorities.
      1. Information that is collected under section (C) must:
         1. be protected in a manner that does not permit personal identification of individuals by anyone except the officials referred to in section (C); and
         2. be destroyed when no longer needed for the purposes listed in section (C).
      2. Subsection (a) does not apply if:
         1. the student has given written consent for the disclosure under OAR 581-41-470; or
         2. the collection of personally identifiable information is specifically authorized by federal law.
            
            
4. The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
   1. Determine eligibility for the aid;
   2. Determine the amount of the aid;
   3. Determine the conditions for the aid; or
   4. Enforce the terms and conditions of the aid.
   5. As used in this section, “financial aid” means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at an education agency or institution;
   6. If the student refuses to consent to disclosure of personally identifiable information and/or his/her social security number but releases the social security number as a condition of receiving financial aid, the college shall mask the social security number to ensure it is used only for purposes allowed under federal financial aid regulations.
      
      
5. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:
   1. Develop, validate, or administer predictive tests;
   2. Administer student aid programs; or
   3. Improve instruction.
      1. the agency or institution may disclose information under this section only if:
         1. the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization; and
         2. the information is destroyed when no longer needed for the purposes for which the study was conducted.
      2. for the purpose of this section, the term organization includes, but is not limited to, federal, state, and local agencies, and independent organizations.
         
         
6. The disclosure is to accrediting organizations to carry out their accrediting functions.
   
   
7. The disclosure is to parents of a dependent student as defined in Section 152 of the Internal Revenue Code.
   
   
8. The disclosure is to comply with a judicial order or lawfully issued subpoena. The educational agency or institution may disclose information under this section only if the agency or institution makes reasonable effort to notify the student of the order or subpoena in advance of compliance.
   
   
9. The disclosure is to law enforcement, child protective services, and health care professionals, and other appropriate parties in connection with a health and safety emergency if knowledge of the information is necessary to protect the health and safety of the student or other individuals.
   
   
10. The disclosure is information the educational agency or institution has designated as “directory information” under the condition described in OAR 581-41-410)1) and 581-4-410(2) to (5).

IDENTITY CHANGES

Students who change their legal name and/or social security number are to provide appropriate legal documentation of the change in identification in order to maintain access to records connected with the previous identity. 

RELEASE OF PLACEMENT TEST SCORES

Results of placement tests taken by students at Linn-Benton Community College normally will be shared with the student, an advisor, or instructor with an educational need to know.  The student may sign a release of information form, which would allow sharing of test results and other personal information with specifically named agencies or individuals. 

The college may release test scores to the Higher Education Coordinating Commission, other educational institutions, or agencies for educational research or other legitimate educational purposes upon receipt of a formal written request.  Students may request at any time that their scores not be released by the college to third parties. 

HOUSING OF RECORDS

Educational records maintained by Linn-Benton Community College are kept in the following places:

1.  Admissions & Registration Records – Director of Enrollment Services/Registrar, Takena hall
2. Business Records – Director of Accounting and Budget, Calapooia Center
3. Disabled Student Service Records –Director, Center for Accessibility Resources, Red Cedar Hall
4. Financial Aid Records – Director of Financial Aid, Takena Hall
5. Instructor Class Record Sheets – Division Offices
6. Payroll Records – Human Resources, Calapooia Center
7. Testing Records – Director of Enrollment Services/Registrar, Takena Hall

DATE OF ADOPTION:  10/18/95

DATES(S) OF REVISION(S):  2/16/11; 4/3/14; 5/3/18; 04/07/22

DATE OF LAST REVIEW:  3/25/14; 5/3/18; 04/07/22