FERPA

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of a student’s educational records.  Because Bay Mills Community College is a post-secondary educational institution, the rights described in FERPA belong to the students rather than their parents.  The term “student” as used in the following FERPA policy applies to currently enrolled students and former Bay Mills Community college students who were accepted, began attending classes, and either graduated, withdrew or did not graduate.

Questions about FERPA or FERPA rights should be addressed to the Registrar’s Office.

ANNUAL NOTIFICATION
Students are notified of their FERPA rights by publication of this policy in the catalog.

STUDENT RIGHTS UNDER FERPA

Students have the right to:

  •  Inspect and review their educational records

 The procedure to inspect and review educational records is outlined below.

  • Request amendment of their educational records

Students may ask the school to amend a record that they believe is inaccurate or misleading.  They may submit a written request for amendment of their record(s) to the Registrar, specifying why they believe the record is inaccurate or misleading. The Registrar will notify the student of the decision made on the request for amendment.

  •  Consent to disclosure of their educational records

 The exceptions to disclosure of student records only with written consent are noted below.

  • File a complaint with the U.S. Department of Education

Individuals who have questions about FERPA or who wish to file a complaint should contact:

Family Policy Compliance Office

U.S. Department of Education

600 Independence Avenue, S.W.

Washington, D.C. 20202-4605

PROCEDURE TO INSPECT EDUCATION RECORDS

Students should submit to the Registrar a written request that identifies as precisely as possible the record or records he or she wishes to inspect.  The Registrar will make the needed arrangements for access as promptly as possible and notify the student in writing of the time and place where the records may be inspected.  Access will be given 30 calendar days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

REFUSAL TO PROVIDE COPIES

Bay Mills Community College reserves the right to deny transcripts or copies of records not required to be made available by the FERPA in any of the following situations:

  1. The student lives within commuting distance of the school.
  2. The student has an unpaid financial obligation to the college.
  3. The student, after ceasing to attend Bay Mills Community College, has defaulted on a Federal Perkins Loan, a Federal Stafford Load, Subsidized or Unsubsidized, or other federal loan.  
  4. There is an unresolved disciplinary action against the student.

DISCLOSURE OF EDUCATION RECORDS

Bay Mills Community College will disclose information from a student’s education records only with the written consent of the student, EXCEPT:

  1. To school officials who have a legitimate educational interest in the records.

A school official is:

  • A person employed by Bay Mills Community College in an administrative, supervisory, academic or research, or support staff position.
  • A person employed by or under contract to the college to perform a special task, such as an attorney, auditor or consultant.

A school official has a legitimate educational interest if the official is:

  • Performing a task that is specified in his or her position description or by a contract agreement.
  • Performing a task related to a student’s education.
  • Performing a task related to the discipline of a student.
  • Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.
  • To officials of another school, upon request, in which a student seeks or intends to enroll 
  1. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities in conjunction with an audit, review or evaluation of compliance with education programs.
  2. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
  3. If required by a state law requiring disclosure that was adopted before November 19, 1974.
  4. To organizations conducting certain studies for or on behalf of the school.
  5. To accrediting organizations to carry out their functions.
  6. To comply with judicial order or a lawfully issued subpoena.
  7. To appropriate parties in a health or safety emergency.
  8. The records of a disciplinary proceeding conducted by Bay Mills Community College against an alleged perpetrator of a violent crime will be disclosed to the alleged victim of that crime without the written consent of the alleged perpetrator.
  9. To parties requesting directory information, if a student has not provided a written request for the non-disclosure of such information.

DIRECTORY INFORMATION

Bay Mills Community College designates the following items as Directory Information: Student name, curricula, major field of study and photo.  Participation in officially recognized activities, dates of attendance, degrees, certificates and awards received, and most recent previous school attended. Bay Mills Community College may disclose any of these items without the student’s prior written consent.  If a student wishes that the college should not release all or any of the above information, he or she may inform the Registrar's office in writing by the tenth calendar day following the start of classes each term.