2.21 Privacy of Education Records

Policy Information

PDF Version

Number: 2.21

Name: Privacy of Educational Records Policy

Author: Candice Bartelle

Effective Date: August 21, 2017

Next Review Date: Spring 2022

Regulatory Authority

Part 1. Policy Statement

Minnesota State complies with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, 34 CFR 99; the Minnesota Government Data Practices Act, (MGDPA) Minn. Stat. Ch 13, Minn. Rules Ch 1205; and other applicable laws and regulations concerning the handling of education records. Accordingly, North Hennepin Community College (NHCC) adopts this policy and its corresponding procedure (2.21.1).

Part 2. Definitions

Subpart A. Student

A student is an individual who has applied for enrollment, is currently enrolled, or has been formerly enrolled at NHCC. A student is an individual receiving educational services by any method. All students have the same rights regarding their educational data regardless of age.

Subpart B. School Officials with a Legitimate Educational Interest

A person employed by North Hennepin Community College in an administrative, supervisory, academic or research, or support staff position; 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, or assisting another school official in performing his or her tasks. 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 responsibility. The college will release information in student education records to appropriate school officials when there is a legitimate educational interest.

Subpart C. Educational Data

Educational data are those records directly related to a student and maintained by North Hennepin Community College. Educational data include, but are not limited to admissions materials, financial aid records, transcripts, class lists, class schedules, graded exams or papers, records of disciplinary proceedings, photographs, work study records and more. Educational records do not include:

  1. financial records of the student's parents or guardian;
  2. confidential letters or statements of recommendation placed in education records before January 1, 1975, or after January 1, 1975, if the student waived right of access;
  3. records of instructional personnel that are kept in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute for the maker and are destroyed at the end of the school year;
  4. records of law enforcement units (if law enforcement unit is a separate entity and the records are maintained exclusively by and for law enforcement purposes);
  5. employment records related exclusively to a student’s employment capacity (not employment related to status as a student, such as work study) and not available for use for any other purpose;
  6. medical and psychological treatment records that are maintained solely by the treating professional for treatment purposes;
  7. records that only contain information about a student after that individual is no longer a student at the institution (alumni data).

Subpart D. Valid Government Identification (ID)

To receive private educational data or to submit a Release of Private Educational Data form, an official government photo ID is required.  Accepted official government photo IDs include:

  1. NHCC Student ID
  2. State Driver’s License
  3. State ID
  4. US Passport
  5. Military ID
  6. Tribal ID
  7. Government Visa
  8. Permanent Resident ID
  9. Naturalization ID
  10. Certificate of Citizenship
  11. Federal Work Permit
  12. Mexican CID card
  13. Valid International Passport

Part 3. Campus Review

Review Action Date(s)
Campus Community Review Period 13-Mar-2017–24-Mar-2017
AFSCME Review 25-Apr-2017
MAPE Review 25-Apr-2017
MMA Review 25-Apr-2017
Shared Governance Council Review 23-Jun-2017
Student Senate Review 13-Apr-2017
President Approval 21-Aug-2017
Campus Community Dissemination 28-Aug-2017

History

  • Formerly NHCC V.02.08, adopted 15-Apr-2008
  • Revised Spring 2012
  • Revised Spring 2017