FERPA

Email Use and FERPA

Student GoMail is the official email communication tool for NFC. GoMail is considered secure because students must log in with their student number and a pin number of their choosing to access their messages. However, be cautious when using email to communicate with students. For example, student information could easily be emailed to the wrong student. Do not use any email to communicate private information other than an NFC GoMail account.

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To avoid violations of FERPA rules, DO NOT:

• at any time use the entire Social Security Number of a student in a public posting of grades
• link the name of a student with that student's social security number in any public manner
• leave graded tests in a stack for students to pick up by sorting through the papers of all students
• circulate a printed class list with student name and social security number or grades as an attendance roster.
• discuss the progress of any student with anyone other than the student (including parents) without the consent of the student
• provide anyone with lists of students enrolled in your classes for any commercial purpose
• provide anyone with student schedules or assist anyone other than NFC employees in finding a student on campus

The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99), commonly known as FERPA, is a federal law that protects the privacy of student education records. Students have specific, protected rights regarding the release of such records and FERPA requires that institutions adhere strictly to these guidelines. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. For example, if a student pays for tuition with a Pell Grant or subsidized federal loan, the school must comply with FERPA.

FERPA applies to the education records of persons who are or have been in attendance in post-secondary institutions, including students in cooperative and correspondence study programs, video conference, satellite, internet or other electronic forms.

FERPA applies to students enrolled in higher education institutions as well as K–12 students. Under FERPA, these two groups are treated the same with one fundamental difference: WHO the rights are given to under the Act. If a student is a minor (e.g., under the age of eighteen) or a dependent, the parents or legal guardians are afforded the rights. On the other hand, the rights primarily reside with the student, regardless of age, once he or she is admitted or enrolls at an institution of higher education. Only when the student has signed a written release giving their parent(s) access to their record, or when an institution accepts proof from the parent that the student is a dependent, is an institution allowed to release information from the student’s education record to parents.

NFC requires ALL students to sign a written release before private information is disclosed.

FERPA does not apply to records of applicants for admission who are not yet registered or to deceased students.

When a student is "in attendance" as defined by the institution. At NFC, a student is considered to be "in attendance" upon the instructor’s verified class roll.

FERPA gives eligible students the right to:

• Inspect and review their education records maintained by NFC
• Request that NFC corrects records which the student believes to be inaccurate or misleading. If NFC decides not to amend the record, the student has the right to a formal hearing. After the hearing, if NFC still decides not to amend the record, the student has the right to place a statement with the record setting forth the student’s view about the contested information;
• Have some control over the disclosure of personally identifiable information from their education records and
• File a complaint with the Department of Education.

Education records are records that are:

• directly related to a student and
• maintained by the institution or by a party acting for the institution

Examples of education records are exams, class assignments, class schedules, and transcripts.

The term "education records" does not include the following:

• Records of instructional, supervisory, administrative, and certain educational information that is in the sole possession of the maker thereof, and are not accessible or revealed to any other individual.
• Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
• Records relating to individuals who are employed by the institution, which are made and maintained in the normal course of business, relate exclusively to the individuals in their capacity as employees, and are not available for use for any other purpose. Records of individuals who are employed as a result of their status as students (for example, work study students) are education records.
• Records related to students which are:
  • Created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity.
  • Used solely in connection with the provision of treatment to the student.
  • Not disclosed to anyone other than individuals providing such treatment.

• Directory Information
• Information that the student has given written consent to release
• Information needed by employees who have a legitimate educational interest
• Information needed by certain government agencies

Information that can be released without the student's written consent.

Each institution, to some extent, can determine what information they classify as directory information.

Directory Information at NFC contains:

• Name
• Address & telephone number
• Date of Birth
• Classification (part-time/full-time)
• Program of study
• Major field of study
• Dates of attendance
• Degree and awards received
• Participation in officially organized activities and sports
• Most recent previous educational institution attended

Students may release their academic records to their parents, a prospective employer, insurance companies, etc., by providing written consent. Students may obtain a FERPA Release Form either online or in person at the Office of Enrollment Services located in building #3.

In lieu of the above form, a notice of written consent must include the following information:

• It must specify the records to be released (i.e., transcripts)
• State the purpose of the disclosure
• Identify the party or class of parties to whom disclosure may be made, and
• Be signed and dated by the student

School Official - A school official is a person employed by North Florida College in an administrative, supervisory, academic, or support staff position; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include high school guidance counselors, volunteers or contractors outside of NFC who performs an institutional service or function for which the school is under the direct control, such as an attorney, auditor, or collection agent.

Legitimate Educational Interest - A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for NFC.

Students may prohibit disclosure of directory information by requesting it in person in the Office of Enrollment Services.

The student should carefully consider the consequences of any decision to withhold directory information. By choosing to withhold directory information, the student will be marked "confidential" in the database. The student will then be required to conduct all business in person, with identification.

If you receive a phone call from a student whose records show a request to withhold directory information (“Information about this person is confidential”), please refer the person to the Office of Enrollment Services for further information. It is assumed that the student who does not request the withholding of directory information indicates the student's consent to disclosure.

• Loss Of Federal Funding
• Dismissal

When in doubt, don't give it out! Any questions should be referred to the Office of Enrollment Services, 850-973-1605.