SP 4-80a – Student Educational Records and Directory Information

Colorado Community College System / System Procedure

SP 4-80a

APPROVED: March 27, 2015
EFFECTIVE: March 27, 2015
REVISED: May 25, 2016
REVISED: November 13, 2019
REVISED: August 1, 2020
REVISED: March 10, 2021
REVISED: April 13, 2022
REVISED: September 13, 2023

REFERENCE(S): Board Policy (BP) 4-80, Student Educational Records and Directory Information; 1996 Solomon Amendment, 10 U.S.C. § 983

APPROVED:

/ Joe Garcia /
Joseph A. Garcia, Chancellor

APPLICATION

This procedure applies to the Colorado Community College System, including its Colleges (CCCS or System).

BASIS

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. Generally, Colleges must have written permission from a student to release information from their educational records; however, there are exceptions that permit Colleges to release information without a student’s consent.

DEFINITION

For the purposes of this procedure, a “Student” is defined as an individual who is attending a College, which includes actual attendance in person, by correspondence, or by electronic means.

PROCEDURE

Student Rights under FERPA:

The right to inspect and review their educational records within 45 days of a request for access. All requests for review shall be made in writing to the Office of Admissions and Records. The request must identify the record(s) that the student wishes to inspect. The Registrar 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 Registrar, the student shall be advised of the correct official to whom the request should be addressed.
The right to request an amendment to their educational record when the student believes there are inaccuracies or misleading information in the record, or when the student believes there are concerns regarding their privacy rights to their records. All requests for amendments shall be made in writing to the Office of Admissions and Records. The request must specify the amendment the student is seeking. The Registrar will then notify the College official responsible for the record and a decision shall be made on amending or not. The College shall notify the student of its decision in writing. If not satisfied with that decision, the student shall be given an opportunity to appeal the decision using the Student Complaint System Procedure (SP 4-31a). Additional information regarding the complaint procedure shall be provided to the student when notified of the right to a complaint.
The right to provide written authorization to the College giving specific individuals access to the student’s education records. Please note that there are exceptions under FERPA that give Colleges authorization to disclose without a student’s prior consent, as discussed below.
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 the following:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901

College’s Rights to Disclose Personally Identifiable Information:

FERPA permits the disclosure of Personally Identifiable Information (PII) from students’ education records, without consent of the student, if the disclosure meets certain conditions found in the FERPA regulations. Except for disclosures to school officials, disclosures related to judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, FERPA regulations require the College to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. Colleges may disclose PII from the education records without obtaining prior written consent of the student under the following circumstances:

To College officials with legitimate educational interests. A College official is defined as a person employed by the College or System, or another System College, in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College or System has contracted as its agent to provide a service instead of using employees or officials (such as an attorney, auditor, or collection agent); a person serving on the State Board for Community Colleges and Occupational Education (SBCCOE or Board); or a student serving on an official committee, such as a disciplinary or complaint committee, or assisting another school official to perform their tasks. The System has designated the National Student Clearinghouse as a College official. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill the official’s professional responsibilities for the College or System.
Upon request, the College discloses education records, without a student’s consent, to officials of another school in which a student seeks or intends to enroll, or after enrollment, provided that specific conditions in the FERPA regulations are met.
To officials of another school or College 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 specific FERPA regulations.
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 the College’s state supported education programs. Disclosures under this provision may be made, subject to specific FERPA regulations, 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, enforcement, or compliance activity on their behalf.
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.
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.
To accrediting organizations, in order to carry out their accrediting functions.
To parents of an eligible student, if the student is a dependent for IRS tax purposes.
To comply with a judicial order or lawfully issued subpoena.
To appropriate officials in connection with a health or safety emergency.
Colleges may disclose “directory information” upon request, and pursuant to specific FERPA regulations. See below for the list of items that are directory information for CCCS.
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to specific FERPA regulations. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
To the general public, the final results of a disciplinary proceeding, if the College determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the College’s rules or policies with respect to the allegation made against the student.
To parents of a student regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or a controlled substance, if the College determines the student committed a disciplinary violation and the student is under 21 years of age.
To the CCCS and College Foundations and other sources of scholarships and financial aid for which a student has applied or received for the purpose of awarding and administering such scholarships/financial aid.
To Local Education Providers (LEPs) in regards to Concurrent Enrollment student records that involve both the LEP, College, and/or the System. Note: Parents of concurrently enrolled students who are under 18 may review education records directly from the LEP, but not directly from the College or System unless the student provides consent, or another exception applies.

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which education records and PII contained in such records—including Social Security number, grades, or other private information—may be accessed without consent.

First, 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”) may allow access to records and PII without consent to any third party designated by a federal or state authority to evaluate a federal or state supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.
Second, federal and state authorities may allow access to education records and PII without consent to researchers performing certain types of studies, in certain cases (even when CCCS may object to or does not request such research). Federal and state authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive PII, but the authorities need not maintain direct control over such entities.
Lastly, in connection with statewide longitudinal data systems, state authorities may collect, compile, permanently retain, and share, without consent, PII from education records, and they may track participation in education and other programs by linking such PII to other personal information that they obtain from other federal or state data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

Directory Information:

The following items will be designated by CCCS as “Directory Information”. Colleges may disclose any of this information without prior written consent, to anyone inquiring in person, by phone, or in writing and for any purpose unless the student has requested non-disclosure as outlined below:

Student name
Major field of study
Participation in officially recognized activities and sports
Dates of attendance
Degrees/certificates, honors, and awards received
Most recent educational institution attended
Enrollment status (e.g., full-time, three quarter-time, half-time, less than half-time, withdrawn, graduated, or deceased)
Photographs

Additional Directory Information for Colleges with athletes (only for students who participate in officially recognized activities and sports):

Height
Weight
High school attended

Physical Addresses are considered PII and are not released as Directory Information except they may be released for the following limited purposes:

Graduation lists released to news media, which may include the student’s city of residence only;
Other listings to the news media and CCCS personnel for special awards, honors, and events;
Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership;
As may be needed by cash management service providers engaged by CCCS to process student refunds;
To Foundations affiliated with the Colleges or System, at the College’s or System’s discretion, for the purpose of establishing and maintaining alumni relations; or
To institutions who have a written agreement with Colleges or System for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual College agreements.

Email Addresses are considered PII and are not released as Directory Information except they may be released for the following limited purposes:

Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership;
As may be needed by cash management service providers engaged by CCCS to process student refunds;
To Foundations affiliated with the Colleges or System, at the College’s or System’s discretion, for the purpose of establishing and maintaining alumni relations; or
To institutions who have a written agreement with Colleges or System for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual College agreements.

Phone numbers (including type), date of birth, and race/ethnicity are considered PII and are not released except for the following limited purpose:

To Foundations affiliated with the Colleges or System, at the College’s or System’s discretion, for the purpose of establishing and maintaining alumni relations;
To institutions who have a written agreement with the Colleges or System for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual College agreements.

GPA is considered PII and is not released as Directory Information except for the following limited purpose:

To institutions who have a written agreement with the Colleges or System for early advising, scholarship, or admissions consideration. Credit hour threshold for release may be stipulated in system-wide or individual College agreements.

Additionally, name, address, College-issued email address, phone number, date and place of birth, level of education, most recently attended College, field of study, and degree(s) received by students may be released to military recruiters upon request in accordance with the Solomon Amendment. All other information contained in student education records is considered private and not open to the public without the student’s written consent.

CCCS nor any entity designated as a College official, will release Directory Information to any financial institution requesting data for credit card marketing purposes, nor to any database service, data aggregator, or requestor who maintains a list for the sole purpose of selling data for profit and/or marketing purposes.

How to Request Non-Disclosure of Directory Information:

Students who do not want their information released to third parties should complete a form to suppress Directory Information, which is available online or at the Registrar’s Office or Office of Admissions and Records.

REVISING THIS PROCEDURE

CCCS reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.