Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
- The right to inspect and review the student’s education records within 45 days of the day Blue Ridge Community College receives a request for access. Students should submit to the Dean of Student Services, Vice President, Dean or other appropriate official, written requests that identify the record(s) they wish to inspect. The College official 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 College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. These non-consensual disclosures are specified in FERPA regulations at 34 CFR & 99.31 and are summarized below:
- To BRCC school officials, provided that the official has a “legitimate educational interest” in the information. BRCC considers school officials to include professors; instructors; administrators; health staff; counselors; attorneys; clerical staff; trustees; members of committees and disciplinary boards; and a contractor, volunteer or other party to whom the school has outsourced institutional services or functions.
- To another school in which a student seeks to enroll.
- To officials for the purpose of determining financial aid for which a student has applied.
- To parents of a “dependent student” as defined in Section 152 of the Internal Revenue Code.
- To parents of a student, and other appropriate parties, when in connection with a health or safety emergency.
- To the parents of a student regarding the student’s violation of Federal, State, or local law, or of any rule or policy of the institution governing the use or possession of alcohol or a controlled substance.
- To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the U.S. Secretary of Education, and State and local educational authorities for 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;
- To organizations conducting studies for or on behalf of the school making the disclosure for the purposes of administering predictive tests, administering student aid programs, or improving instruction;
- To the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense concerning the final results of a disciplinary hearing with respect to the alleged crime; and
- To any third party the final results of a disciplinary proceeding related to a crime of violence or non-forcible sex offense if the student who is the alleged perpetrator is found to have violated the school's rules or policies. The disclosure of the final results only includes: the name of the alleged perpetrator, the violation committed, and any sanction imposed against the alleged perpetrator. The disclosure must not include the name of any other student, including a victim or witness, without the written consent of that other student.
- To comply with Ex Parte orders in connection with the investigation or prosecution of terrorism crimes.
- To comply with Lawfully Issued Subpoenas and Court Orders.
- In connection with a health or safety emergency to protect the health or safety of the student or other individuals.
- Disclosure from campus law enforcement unit records to anyone-including federal, state, or local law enforcement authorities.
- Information pertaining to F-1 visa status and provisions may be disclosed to the Immigration and Naturalization Service.
- The right to withhold the disclosure of any and all categories of “directory information.” Blue Ridge Community College defines directory information to include: name, address, telephone listing, electronic mail listing; student identification number; major field(s) of study; degrees, awards and honors; school photos; date(s) of attendance; enrollment status; participation in officially recognized activities and sports, course credit load, and the most recent previous educational agency or institution attended by the student. Students who wish to prevent disclosure of directory information to persons outside the College may do so by completing the Request For Non- Disclosure of Information form in the Admissions & Records office within the first three weeks of each semester.
- Parents or legal guardians who can document through their federal tax return from the previous year that a student is claimed as a dependent may request the release of academic information. The student will be notified in writing of the parent’s request before information is released. Please contact the Dean of Student Services for additional information.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Blue Ridge Community College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
For more information, visit the U.S. Department of Education’s FERPA General Guidance for Students, the Family Educational Rights and Privacy Act Regulations, or the Family Policy Compliance Office website.