Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act affords students certain rights concerning their education records:

Inspect and review of education records

A student may submit a written request to the Office of Records and Registration identifying as precisely as possible the record(s) the student wishes to inspect. Records will be made available for review in a timely manner, not to exceed 45 days after the request has been received. The Office of Records and Registration will inform the student when and where the records may be inspected.

Request amendment of education records

If a student believes their record is inaccurate, misleading, or violates their rights and privacy, the student may submit a written request to the College official responsible for the record requesting an amendment to the record. The student must identify the part of the record they wants changed and why it is inaccurate, misleading or violates the student’s rights and privacy. If the request for amendment is denied, the student may request a hearing to challenge the contents of the record on the grounds that the record is inaccurate, misleading, or violates the student’s rights.

Consent to disclosure of personally identifiable information contained in the student’s education records

Education records other than directory information shall not be released without prior written consent of the student except as is authorized by the Family Educational Rights and Privacy Act. No “personally identifiable” information from the student’s record will be disclosed without written consent, except where consent is not required. An exception which allows disclosure without consent is a disclosure to College officials with legitimate educational interests. A College official has legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. A College official is a person employed by the College 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, such as a disciplinary or grievance committee, or assisting another College official in performing his or her tasks. Other typical exceptions include:

  • Authorized representatives of the U.S. Department of Education, Office of Inspector General, or state and local education authorities.
  • The Department of Homeland Security (DHS); Immigration and Customs Enforcement (ICE) for the purpose of complying with Request Form ICE relative to the College’s participation in The Student Exchange Visitor Information System (SEVIS).
  • Military Recruiters who request Student Recruiting Information (Solomon Amendment), which includes name, address, telephone listing, age (or birth year), class level, major, degrees received and most recent educational institution of enrollment (some conditions exist).
  • Authorized representatives of the Department of Veterans Affairs for student receiving educational assistance from the agency.
  • Parents, if the student is a dependent of the parent as defined by the Internal Revenue Service.
  • Compliance with a court order or subpoena.
  • Compliance with state or federal laws mandating notification to certain individuals of the final result in disciplinary proceedings.
  • Accrediting organizations to carry out their accrediting function.
  • Appropriate officials if a health or safety emergency exists and the information will assist in resolving the emergency.
  • Organizations conducting studies/audits concerning administration of student aid programs.
  • Agents acting on behalf of the College such as Clearing Houses and degree/enrollment verifiers.

Directory Information

The College designates the following items as directory information: Student name, address, valid email address, major field of study, past and present participation in officially recognized activities, dates of attendance (past and present), honors and awards (including Honors List), degrees conferred (including dates), most recent previous institutions attended, and enrollment status. The College may disclose any of the directory information items without prior written consent, unless notified in writing by the student at the beginning of each semester.

File a complaint with the U.S. Department of Education concerning alleged failure by the College to comply with this Act.

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-5920

Phone: 1-800-USA-LEARN (1-800-872-5327)

Web: https://studentprivacy.ed.gov/file-a-complaint

Please refer to the College’s website for the complete Family Educational Rights and Privacy Act (FERPA) policy.

Students may update or change their FERPA settings in the student portal CampusNexus, the College’s Student Information System. To do this, go to: https://www.bsmcon.edu/quicklinks, student portal, user name is firstname_ lastname, click on My Profile and then MY FERPA.

NOTE: If a student believes the College has not fulfilled its obligations under FERPA regulations, the student should feel free to contact the Dean of Student Affairs at 804-627-5327.