Chapter 3357:12-11 Privacy of Records

3357:12-11-03 Privacy of student records.

In compliance with the Family Educational Rights and Privacy Act of 1974, the following policy and procedures will be followed relative to official student records and information at Zane state college. Students eighteen years of age or who are attending Zane state college shall have the following rights listed in this rule.

(A) Inspection and review of records

(1) Students may inspect and review any and all educational records, files, and data related directly to them as covered under section V.

(2) Educational Records is defined as those records, files, documents, and other materials which contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution. The term does not include records of instructional, supervisor, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker thereof and which are not accessible or revealed to any other person except a substitute; in the case of persons who are employed by an educational agency or institution but who are not in attendance at such agency or institution, records made and maintained in the normal course of business which relate exclusively to such person in that person's capacity as an employee and are not available for use for any other purpose; or records on a student who is eighteen years of age or older or is attending an institution of post-secondary education which are created or maintained by a physician, psychiatrist, psychologist, or other recognized professionals acting in his professional or paraprofessional capacity or assisting in that capacity and which are created, maintained, or used only in connection with the provision of treatment to the student and are not available to anyone other than persons providing such treatment provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

(B) Release of personally identified records

Zane state college will not permit access to or the release of educational records or personally identifiable information contained therein other than directory information without the written consent of the student to any party other than the following.

(1) School officials, including teachers within the college, who have been determined by the institution as having legitimate educational interests.

(2) Authorized representatives of the comptroller general of the United States, the secretary and administrative head of an educational agency, or state educational authorities in connection with the audit and evaluation of federally supported educational programs or in connection with the enforcement of the federal legal requirements which relate to such programs.

(3) In connection with a student's application for or receipt of financial aid.

(4) State and local officials or authorities to which such information is specifically required to be reported or disclosed pursuant to state statute adopted prior to November 19, 1975; nothing in this paragraph shall prevent a state from further limiting the number or type of state or local officials who will continue to have access thereunder.

(5) Organizations conducting studies for or on behalf of educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations, and such information will be destroyed when no longer needed for the purpose for which it is conducted.

(6) Accrediting organizations in order to carry out their accrediting functions.

(7) Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954.

(8) In compliance with a judicial order or pursuant to any lawfully issued subpoena upon condition that the student is notified of all such orders or subpoenas in advance of the compliance therewith by the college.

(9) Zane state college will release information from education records to appropriate person(s) in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or other persons.

The factors which will be taken into account in determining whether records may be released under this section include the following:

(10) The seriousness of the threat to the health or safety of the student or other "persons;

(11) The need for such records to meet the emergency;

(12) Whether the persons to whom such records are released are in a position to deal with the emergency; an

(13) the extent to which time is of the essence in dealing with the emergency.

(C) Record of access

(1) Zane state college shall maintain a record, kept with the educational records of each student, which will indicate all parties other than those specified in paragraph (A) of this rule which have requested or obtained access to a student's educational records maintained by such educational agency or institution and which will indicate specifically the legitimate interest that each such party has in obtaining this information.

(2) Zane state college shall maintain a record, kept with the educational records of each student, which will indicate all parties other than those specified in paragraph (A) of this rule which have requested or obtained access to a student's educational records maintained by such educational agency or institution and which will indicate specifically the legitimate interest that each such party has in obtaining this information.

(D) Transfer of information by third parties

(1) Zane state college will 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 parents or of the eligible student.

(2) Zane state college shall include with any information released to a party under paragraph (D)(1) of this rule a written statement which informs such party of the requirements set forth in paragraph (D)(1) of this rule.

(E) Directory information

(1) Directory information will be made available to persons, firms, and companies outside the college and for internal purposes, such as student directories, etc., unless notified by the student that this information should not be released without prior consent.

(2) "Directory information" means a student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

(F) Waiver of right to review job placement information

(1) A student may waive his right to review letters of recommendation and other Zane state college career and employment services office information of a confidential nature with respect to the student obtaining employment through the career and employment services office. Students not wishing to waive their right of review of this information will not be denied placement services.

(G) Challenges to the content of records

(1) Students will have a full and fair opportunity to present evidence to show that information contained in their records is inaccurate, misleading, or otherwise inappropriate information. Every attempt will be made to settle disputes by informal means. Opportunity for a formal hearing will be provided only when such informal means are not satisfactory to the student or the college.

The dean of student services is charged with the responsibility of developing procedures to comply with this policy.

Effective: 3/18/2015
Promulgated Under: 111.15
Statutory Authority: 3357
Rule Amplifies: 3357