6.11 THE FAMILY EDUCATIONAL AND PRIVACY ACTS OF 1974

The Family Educational Rights and Privacy Act of 1974 became law on November 19, 1974. On December 31, 1974, President Gerald R. Ford signed a bill which contained significant amendments to the student privacy statute. The following statement has two main sections: 6.11.1 - Statement of Provisions of the Law and, 6.11.2 - Calvin College Guidelines. Section 6.11.1, a brief description of the law, is intended to give the student information about rights. The law, complemented by U.S. Department of Health, Education, and Welfare guidelines, is printed in the Federal Register of January 6, 1975, and is available at the Calvin College Library or the Registrar's Office. Section 6.11.2 of this statement is a description of guidelines which will be followed at Calvin College.

6.11.1 Statement of Provision of the Law

6.11.1.1 Summary of the Law

"In brief, the statute provides: that such institutions must provide . . . students access to official records directly related to the students and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading, or otherwise inappropriate; that institutions must obtain the written consent . . . before releasing personally identifiable data about students from records to other than a specified list of exceptions; that . . . students must be notified of these rights; . . ." (Federal Register, January 6, 1975)

6.11.1.2 Definitions

"Student" (a) means any person who is attending or has attended an educational institution and with respect to whom that institution maintains education records or personally identifiable information. (b) The term does not include a person who has not been in attendance at such institution. (Section 99.3)

"Education records" (a) means those records, files, documents, and other materials which (1) contain information directly related to a student; and (2) are maintained by an educational agency or institution, or by a person acting for such agency or institution. (Section 99.3) "Records excluded from the provisions of the Act are defined as (a) personal files seen only by the writer, (b) law enforcement files, (c) files related to employment status, (d) medical or related professional files (however, they are open to review by an appropriate professional of the student's choice)." (State of Michigan Department of Education Memorandum, January 15, 1975)

6.11.1.3 Notification

"(a) Each educational institution to which this part applies and which maintains records on students, shall inform . . . eligible students of the rights accorded them by this part." (Section 99.5)

6.11.1.4 Waivers

"(a) Educational institutions shall not require . . . eligible students to waive their rights . . . (b) A student or a person applying for admission may waive his or her right of access to confidential statements . . . Such waivers may not be required as a condition for admission to, receipt of financial aid from, or receipt of any other services or benefits . . ." (Section 99.6)

6.11.1.5 Access to Records

"Educational agencies or institutions shall provide . . . eligible students who are or have been in attendance at a school . . . access to education records of the students, except as set out in . . . " - see next paragraph (Section 99.11).

"Excluded from inspection are the following: (a) financial records of the parents of the student, (b) confidential letters of recommendation filed before January 1, 1975, (c) confidential letters solicited under a waiver of the right of future access." (State of Michigan Department of Education Memorandum, January 15, 1975, and Section 99.12)

"Each educational institution shall establish appropriate procedures for the granting of a request . . . by eligible students for access to their own education records within a reasonable period of time . . ." (Section 99.15)

6.11.1.6 Challenges to the Content of Records

"Each educational . . . institution shall provide . . . eligible students . . . an opportunity for a hearing . . . to challenge the content of such students' education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students. . ." (Section 99.21)

"Formal hearing procedures may only be necessary when such informal means are not satisfactory to the . . . eligible student or the educational institution." (Section 99.21)

6.11.1.7 Release of Records

"Educational institutions shall not permit access to or the release of education records . . . other than directory information . . . without the written consent of an eligible student to any party other than the following:

• Other school officials . . .
• Officials of other schools in which the student seeks or intends to enroll.." (Section 99.30)

"Where the consent of . . . eligible student is required under this part for the release of education records, it shall be in writing, be signed and dated by the person giving such consent, and shall include (a) a specification of the records to be released, (b) the reasons for such release, and (c) the names of the parties to whom such records will be released." (Section 99.31)

"(a) Educational institutions shall not release personal information on a student except on the condition that the party to which the information is being transferred will not permit any other party to have access to such information without the written consent of . . . the students. (b) Educational institutions shall include, with any information released to a party . . . a written statement which informs such party of the requirements set forth in paragraph (a) . . ." (Section 99.39)

6.11.2 Calvin College Guidelines

Calvin College reaffirms its policy of assuring the safekeeping and confidentiality of student records and files, maintaining them for the benefit of the student. The college recognizes the rights of students given under this federal legislation and the responsibilities incumbent on the college because of the legislation. Wishing to fully comply with the law, the college issues this statement of guidelines.

6.11.2.1 Education Records of Students

Records of students at Calvin College maintained as official records of the college fall into three categories:

1. Records Kept by the Registrar
   
   The following types of records are kept by the Registrar for each student:
   • Directory information, including name, addresses, phone numbers, and class level, is published annually in a printed directory, and distributed to members of the college community. Additional demographic information provided by the students at the time of admission is stored in the computerized student records file. It includes such items as high school attended, church affiliation, ethnic group, and citizenship. Access to the student records file is controlled by the Registrar.
   • Academic transcript information includes a permanent records of course credits, grades earned, and degrees earned. It is maintained in a computerized file with paper back-up copy in a fire-proof vault. This information is released to college officials other than the Registrar only by permission of the Registrar or his/her designates. It is released to parties outside the college only as indicated in "Release of Student Records" below.
   • Academic history information includes all correspondence which relates to the student's academic progress, as well as all admission, registration and completion forms. These materials are kept in file folders while the student is in attendance, after which they are microfilmed and kept in the vault. Both the Admissions and Registrar's Offices personnel have access to these files; however, they are released to other parties only as indicated below.
2. Records Kept by the Placement Office in the Student Affairs Division:

The teacher placement file contains a student registration form, an academic transcript, a student autobiography, two faculty recommendations, one ministerial recommendation, an employer recommendation, and evaluations by the college supervisor and supervising teacher of the student's internship experience.

The graduate placement file contains information sheets completed by the student which contain personal data, work and personal experience, three faculty recommendations, and a student-written record of courses taken at Calvin. These files are released in the interest of the student to prospective employers.

3. Records Kept by the Office of Scholarships and Financial Aid:

The student scholarship and financial aid file includes the student's application, correspondence, confidential financial statement, and need analysis report. If a current student applies for scholarship the file also includes two college staff recommendations to support the application. These files are used only as internal working documents.

Other records kept by administrative and faculty staff members, the Broene Center counselors, the Health Center staff, the academic department offices are in the sole possession of the maker of the records and are not accessible or revealed to other persons.

6.11.2.2 Student Access to Records

Current and former students at Calvin College have the right to inspect and review the content of the records mentioned in Section 6.11.2.I above with these exceptions specified in the law: (a) financial records of the parents of the student which are filed in connection with an application for financial aid, (b) confidential letters and statements of recommendation, which were placed in the education records prior to January 1, 1975, (c) documents for which the student may have signed a waiver of the right of access. Request by students to inspect and review are subject to reasonable precautions to insure the safeguarding of the records.

Upon request students will be provided a copy of the records. The cost will be twenty-five cents per copy except for request for official transcripts, in which case the rate schedule continues as reflected in the Catalog and as announced at the Registrar's Office. College offices will attempt to meet all student requests for access or for copies promptly, but may, at some extremely busy periods, announce a delay of a few days in meeting the request. Staff members in each office will explain and interpret the record to students when needed and requested.

Students should make requests for access to records directly to the office responsible for the maintenance of the record. The Registrar of the college will receive requests, questions, and comments about the enforcement of these guidelines and will generally oversee the protection of student rights in these matters.

6.11.2.3 Release of Student Records

Calvin College shall not permit the release of education records or personally identifiable information contained in records without the written consent of the student. Although directory information is considered public information, the college exercises restraint in the release of lists of students or such other types of public release. Records may be released without written consent of students to:

1. Calvin College faculty and staff, where appropriate.
2. Those who require such information in connection with a student's application for, or receipt of financial aid.
3. Local, state, or federal officials as required by statute.
4. Accrediting organizations.
5. Educational institutions and organizations who are conducting studies, developing tests, or in other ways attempting to improve instruction, who will not permit the personal identification of students by persons other than officials of the organization.
6. Parents of a dependent student as defined in Internal Revenue Code of 1954.

A record of information disclosed to agencies outside the college will be kept with each student's file.

Calvin College will require that the consent of a student shall be in writing, be signed and dated, and shall include (a) specification of the records to be released, (b) the reasons for such release, and (c) the names of the parties or a designated class of people (e.g., school principals) to whom such records will be released. Each office will provide forms which will request this information. Third party requests for student records will not be honored unless the student makes written request that the college office involved release information at the request of third parties who the college decides have legitimate interest in the record. For example, a student preparing to be a teacher may wish all prospective employers to have an opportunity to view the student's teacher placement file. Such requests should include a termination date for such "blanket" release.

Each record of a student which is released will be accompanied by this statement:

• Calvin College complies with provisions of the Family Educational Rights and Privacy Act and hereby notifies you of the following stipulation of this law and of your obligation to comply with it.
• Section 99.33 (a) An educational agency or institution may disclose personally identifiable information from the education records of a student only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior written consent of the parent of the student or the eligible student, . . .

6.11.2.4 Waivers of Right to Access to Records

Students are not required to, but may waive their right of access to documents which heretofore have been called "confidential." Although the college encourages full disclosure of evaluative statements about a student to a student whenever this is feasible, the college recognizes that many who are requested to write evaluative statements feel that full disclosure to a student will greatly inhibit the candor and forthrightness of their comments and that frequently time and location does not permit a discussion with the student. Therefore, at the top of recommendation forms (or attached thereto), rating sheets, and other forms requiring evaluation the college will print this message:

According to law, a student may waive his or her right to examine any document in his or her file. Failure to waiver will not be prejudicial to the student.

By signing this statement I waive all rights of access to this document.

                                                                                       
Student's Signature                                           Date

6.11.2.5 Challenges to the Content of Records

Calvin College students have an opportunity for a hearing to challenge the content of education records in order to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students. Such challenge should normally be made to the administrative official in charge of the record. If the results of such a meeting are not satisfactory to the student, the student may appeal to the Registrar who will arrange for a formal hearing by an institutional official or other party who does not have a direct interest in the outcome of the hearings.

Last updated Tuesday, May 22, 2007