Student Data Privacy (FERPA)

Minnesota West Community & Technical College maintains records about you in various places within the institution. For example, the admission office maintains records about you, as does the registrar. Under the Minnesota Government Data Practices Act (MGDPA) and the Family and Educational Rights Privacy Act (FERPA), you have certain rights concerning the records which Minnesota West maintains.

Minnesota Government Data Practices Act

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and the Minnesota Government Data Practices Act, (MGDPA), and Minn. Stat. Ch. 13 are federal and state laws that provide for the review and disclosure of student
educational records. In accordance with these and other applicable laws, Minnesota West Community & Technical College has adopted the following policy. 

As a student you have the right to:

  • Inspect and review educational records maintained about you. 

  • Request an amendment to records about you for the purpose of correcting inaccurate, incomplete or misleading records.

  • Request a hearing regarding your request if Minnesota West does not make the changes you desire.
  • Place a written statement in your records explaining your disagreement with Minnesota West, if Minnesota West does not amend records after the hearing.
  • Consent to disclosures of information that identifies you personally except to the extent that such disclosures are allowed without your consent under state and federal law.
  • File a complaint with the U.S. Department of Education if the College fails to comply with FERPA regulations.

You may contact the office that administers FERPA at:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605

How to make routine requests for public information

Requesting and Accessing Public Data
Minnesota West requires that requests for the release of public information be in
writing.

Request for Non-Disclosure

Directory information can be released without authorization unless you restrict release of the information by contacting the Registration & Records Office in writing or completing the Authorization to Withhold Directory Information.

To prevent printing of your address and telephone number in the Campus Directory, you must file this request in the Registration & Records Office prior to the deadline at the beginning of each fall semester. If you choose to restrict the release of your address and phone number, it will not appear in the graduation program.

Note: Students who restrict directory information should be aware that such restriction remains in effect until they formally notify the Registration & Records Office in writing to remove it, even after they graduate or cease enrollment. Some students have experienced considerable inconvenience by restricting their directory information as Minnesota West is unable to verify degrees earned, dates of attendance, or enrollment status to any third parties (including future employers) while the restriction is in effect.

Definitions

The following definitions apply for the purpose of this policy:

Student means individuals currently or formerly enrolled or registered, applicants for enrollment registration at a public educational agency or institution, or individuals who receive shared time educational services from a public agency or institution. All students at a higher education institution have the same rights regarding their educational data irrespective of age.

Educational data or educational records means data in any form directly relating to an individual student maintained by a public educational agency or institution or by a person acting for the agency or institution.

Educational records do not include:

  1. Financial records of the student's parents or
  2. Confidential letters or statements of recommendation placed in education records before January 1, 1975, or after January 1, 1975, if the student waived right of access.
  3. Records of instructional, administrative, and educational personnel which are kept in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute for the maker and are destroyed at the end of the school year.
  4. Records of law enforcement units (if law enforcement unit is a separate entity and the records are maintained exclusively by and for law enforcement purposes).
  5. Employment records related exclusively to a student’s employment capacity (not employment related to status as a student, such as work study) and not available for use for any other purpose.
  6. Medical and psychological treatment records, which are maintained solely by the treating professional for treatment purposes.
  7. Records that only contain information about a student after that individual is no longer a student at the institution (alumni data).
Notice of Policy

Students are informed of their rights under federal and state privacy laws through this policy.

Access to Student Records

Minnesota West will not permit access to or the release of personally identifiable information contained in student educational records without the written consent of the student to any third party, except as authorized by the MGDPA and FERPA or other applicable law. A copy of an informed consent release form is available from the Registrar’s Office. A written consent generally must: 1) specify the records that may be disclosed; 2) state the purpose of the disclosure; 3) identify the party or class of parties to whom the disclosure may be made; and 4) be signed and dated by the student. If the release is for disclosure to an insurer or its representative, the release must also include an expiration date no later than one year from the original authorization, or two years for a life insurance application. If the student requests, the school shall provide him or her with a copy of the records released pursuant to the informed consent.

Release without Consent

As allowed by the MGDPA and FERPA, Minnesota West will release student records without consent as follows:

  1. To appropriate school officials who require access to educational records in order to perform their legitimate educational interest” (see explanation below).
  2. To other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment and
  3. To federal, state, or local officials or agencies authorized by
  4. To complete a student's application for, or receipt of, financial
  5. To accrediting organizations or organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained.
  6. Upon adequate proof, to the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954.
  7. To comply with a judicial order or subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena specifically directs the institution not to disclose the existence of a
  8. To appropriate persons in an emergency situation if the information is necessary to protect the health or safety of the students or other persons.
  9. To an alleged victim of a crime of violence (as defined in 18 S.C. Sect 16) or non-forcible sex offense, the final results of the alleged student perpetrator's disciplinary proceeding may be released.
School Officials with a “legitimate educational interest”

Minnesota West will release information in student education records to appropriate school officials as indicated in (1) above when there is a legitimate educational interest. A school official is a person employed by Minnesota West in an administrative, supervisory, academic or research, 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); a person serving on the Board of Trustees; or a student serving on an official committee, or 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 to fulfill his or her professional responsibility.

Record of Requests for Disclosure: Where required by law, a record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by the campus registration office for each student and will also be made available for inspection pursuant to this policy. If the institution discovers that a third party who has received student records from the institution has released or failed to destroy such records in violation of this policy, it will prohibit access to educational records for five (5) years. Records of requests for disclosure no longer subject to audit nor presently under request for access will be maintained according to the school’s applicable records retention policy.

Credit Card Issuers Notice

2007 Minnesota Law, Chapter 144, Article2, Section 9 {135A.145} Minnesota West Community and Technical College including its agents, employees, student or alumni organizations, or affiliates may not sell, give, or otherwise transfer to any card issuer the name, address, telephone number or other contact information of students enrolled at Minnesota West without the student’s consent. Minnesota West will also not enter into any agreement to market credit cards to our students.

Directory Data

Student directory data may be released without the student’s written consent. Students who do not want their directory data released must notify the Office of the Registrar in writing. Directory Data includes:

  1. Student name
  2. Program of study
  3. Enrollment status (enrolled-full time or part time, graduated, withdrawn)
  4. Dates of enrollment
  5. Degrees, honors, and awards received, as well as dates of receipt
  6. Student hometown, for use in Minnesota West publications.
  7. Photographs of students, individually and in groups (stills or motion), for various purposes, such as Minnesota West publications, student ID cards, and security purposes.
  8. Physical factors (height and weight) of athletes
  9. Student participation in officially recognized activities and sports, along with height, weight, and high school of athletic team members, for use in Minnesota West publications.

Minnesota West does not publish a student directory, but directory information may be disclosed to a third party through an approved written request.

Limited Directory Data

The following information as limited directory data, which may be released subject to specific limitations on parties, purposes, or both, but not available to the general public:

  • Student contact information may be disclosed to other Minnesota State institutions for the purpose of marketing transfer opportunities.
  • Student contact information may be disclosed to the Minnesota West Foundation.
  • STAR IDs and email addresses may be shared internally for providing services and technical support to students and for publication in the online Student Directory. Courses which use online methods of instruction may require that email addresses be shared among class members.
Release of Student Information

Students may authorize Minnesota West to release private information to individuals of their choosing by completing the Authorization to Release Student Information form. This consent expires one year after the date the form is signed.

Parental Access to Student Records

If you would like your parent(s) or guardian(s) to have access to your educational records, such as your academic progress or tuition balance, you must provide Minnesota West with written consent.

Why do colleges and universities say they need to protect the privacy of student records?
It’s not just a college policy, but it’s the law. Minnesota State Colleges and Universities are subject to federal law, the Family Educational Rights and Privacy Act (FERPA), and state law, the Minnesota Government Data Practices Act (MGDPA), which contain detailed rules about student record privacy. One key provision of those laws is that college and university students have the right to control disclosure of private education records about themselves to third parties - including parents, spouses or other family members. These rights apply to all college or university students - even if they are minors.

What is an “education record?"
“Education records” that are subject to these privacy laws encompass a wide scope of information. Examples of education records include: grades, housing information, class enrollment, attendance information, counseling or medical records from campus health centers, disciplinary records, tuition balance information - and much more. Most education records are classified as “private.”

Schools may release your private education records to third parties - including family members - only if the law permits or if you have signed a valid authorization. Of course, you may release your own information as you wish.

When may school officials release private education records to family members?
It depends on a number of factors; some situations do not require your consent. For example, if your health or safety or the health and safety of others is at risk, school officials may release information to deal with that emergency. Those are rare situations.

For your convenience, you may complete and submit the Authorization to Release Student Information form. However, this release form is not required. Any document that includes the following information would be valid:

  • The Minnesota West official or office authorized to release the information.
  • The person or persons to whom the information may be released.
  • The information authorized to be released
  • The purpose for which the information may be used
  • The student’s signature.
  • The date.

A simple email from the student is not a sufficient authorization.

Minnesota West encourages you and your parents to discuss signing a release before issues of access arise. Releases may be as broad or a limited as you desire. Consider the potential negative consequences of not permitting your parents to have access to your information.

Doesn’t the fact that my parents pay my tuition give them automatic access to information?
No. Colleges are permitted to have a policy whereby the parents of a financially dependent child may have access to private education records without the child’s consent. Minnesota West does not have such a policy, so your parents will need your written consent to have access to your private information, even if they financially support you in whole or in part.

Can’t a college or university require students to sign a release to parents?
No. Any release of privacy rights must be voluntary.

Is there any information that is public about students at a college or university?
Each college or university defines certain information about its students as “directory information," which is available to anyone without student consent to release it. Disclosing this information would not generally be considered an invasion of privacy. However, you have the right to suppress your directory data so that it is treated as “private.” If you do so, school officials may not release your directory information without your written consent or other legal authority. Directory information is subject to change.