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Responsible Office: Office of Enrollment Services
The Family Educational Rights and Privacy Act of 1974 (“FERPA”) protects the privacy of a Student’s Education Records and affords Students certain rights to control access to their Education Records. This Policy describes these rights and the University’s practices and procedures that protect these rights.
For the purposes of this policy, Essex County College has used the following definition of terms:
Student: Any person who attends or has attended Essex County College.
Enroll: A student enrolls at Essex County College when the student registers for their first class.
Educational Records: any record (in handwriting, print, tapes, film, computer or other medium) maintained by Essex County College or an agent of the College which is directly related to a student, except:
Directory Information: is information in a students’ education record not generally considered harmful or an invasion of privacy under FERPA. It may be disclosed to others without a student’s prior written consent, subject to certain exceptions. Information that is considered directory information at ECC are listed in Section V.B.
Personally Identifiable Information (PII): Information that makes an education record “Personally identifiable” to a particular student, included by not limited to:
Custodian: A person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement)
The following is a list of the types, location, and custodians of records that the College maintains:
Students have the right to ask to have records corrected that they believe are inaccurate, misleading or in violation of their privacy rights. Following are the procedures for the correction of records:
Essex County College will disclose information from a student’s educational records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:
2. To officials of another school, upon request, in which a student seeks or intends to enroll. All records will be forwarded upon request, with the understanding that the student has made the request and intends to enroll at another institution.
3. To certain officials of the U. S. Department of Education, the Comptroller General and state and local educational authorities, in connection with audit or evaluation of certain state or federally supported education programs.
4. In connection with a student’s request for or receipt of financial aid to determine the eligibility amount or conditions of the financial aid or to enforce the terms and conditions of the aid.
5. For degree and enrollment verification wherein the consulting and reviewing institutions are considered school officials with a legitimate educational interest.
6. To state and local officials or authorities if specifically required by a state law that was adopted before November 19, 1974.
7. To organizations conducting certain studies for or on behalf of the College.
8. To accrediting organizations to carry out their functions.
9. To parents of an eligible student who is claimed as a dependent for income tax purposes.
10. To comply with a judicial order or a lawfully issued subpoena.
11. To appropriate parties in a health or safety emergency.
12.To individuals requesting directory information so designated by the College.
13. The results of any disciplinary proceeding conducted by the College against an alleged perpetrator of a crime of violence or non-forcible sex offenses.
14. Alcohol or controlled substance. To parents or legal guardian of a student under the age of 21 in connection with use or possession of alcohol or a controlled substance in violation of federal, state or local law or of any institutional rule or policy.
A student must provide a signed and dated written consent before Essex County College may disclose personally identifiable information from the student’s education records, unless the information disclosed is Directory Information (Section V.B).
The written consent must:
The FERPA Release Form (Request to Waive Privacy Rights) complies with these requirements.
Students and alumni requesting disclosures must provide proof of identity. Requests from students for disclosure to third parties that are sent by e-mail or by the Internet using student identification numbers and PINs may not be considered written consent for disclosure.
Essex County College designates the following items as directory information:
Directory information does not include a student’s social security number, race, ethnicity, gender or immigration status.
Essex County College will maintain a record of all requests for and/or disclosures of information from a student’s education records. The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed and the legitimate interest the party had in requesting or obtaining the information. The eligible student may review the record.
Essex County College reserves the right to refuse to permit a student to inspect the following records:
While Essex County College will not deny access to educational records, the College reserves the right to deny copies of records, including transcripts, not required to be made available by FERPA in any of the following situations:
As required by the Family Educational Rights and Privacy Act of 1974 (FERPA), students will be notified of their FERPA rights annually via “start of term student E-mail message,” publication in the student handbook, college catalogue and in the Schedule of Courses booklet. This act permits the release of directory information (for complete listing see below) without the prior written consent of the student. It provides only that the information may be released. Essex County College is not obligated by this law to release directory information to any party other than the student.
FERPA does not prohibit the disclosure of information provided to Essex County College as a result of the Violent Crime Control and Law Enforcement Act of 1994. Information provided by individuals required to register with state officials as a result of that law may be disclosed in accordance with the disclosure of records policies.
Unless otherwise so directed by the student, FERPA rights terminate upon the death of the student. Records can be requested by the next of kin.
You may appeal the alleged denial of FERPA rights to the:
Chief Compliance Officer Essex County College 303 University Avenue Newark, NJ 07102
Student who wish to file a complaint under FERPA should do so in writing, addressed to the Family Policy Compliance Office:
Family Policy Compliance Office U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 202202-5920