Student Privacy & FERPA

Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfilm, microfiche and email, among others.

Education records DO NOT INCLUDE such things as:

• Sole possession records such as records or notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person except a temporary substitute for the maker of the record. (This might include notes an instructor makes while providing career or professional guidance to a student.)
• Medical treatment records that include but are not limited to records maintained by physicians, psychiatrists and psychologists.
• Employment records when employment is not contingent on being a student, provided the record is used only in relation to the individual’s employment.
• Records created and maintained by a law enforcement unit used only for only that purpose and revealed only to law enforcement agencies of the same jurisdiction, as long as the enforcement unit does not have access to education records.
• Post-attendance records such as information about a person obtained when the person was no longer a student (e.g., alumni records) and does not relate to the person as a student.

San Diego Community College District does not release directory information

FERPA permits the disclosure of personally identifiable information from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations and Administrative Procedure 3001.1 Student Records, Release, Correction and Challenge. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose personally identifiable information from the education records without obtaining prior written consent from the student:

• To other school officials, including teachers, within the District whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met.
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34.
• To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of § 99.35, in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
• To accrediting organizations to carry out their accrediting functions.
• To comply with a judicial order or lawfully issued subpoena.
• To appropriate officials in connection with a health or safety emergency
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her.
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.

“School Official” typically include anyone employed by the District/college in an administrative, supervisory, academic, research, or support staff position; any person elected to the Board of Trustees; students serving on official college committees; and people employed by or under contract with the District/college to perform a specific task.

A school official has a “legitimate educational interest” if the official needs to review an education record in order to fulfill their professional responsibility. 

Students and former students have rights to inspect and review their education records within 15 days after the District/college receives the request for access. The right of inspection and review includes: the right to access, with an explanation and interpretation of the record, and the right to a copy of the education record when failure to provide a copy of the record would effectively prevent the student from inspecting and reviewing the record. The institution may refuse to provide a copy of a student’s education record provided such refusal does not limit access.

Limitations exist on students’ rights to inspect and review their education records. For example, the institution is not required to permit students to inspect and review the following:

• Financial information submitted by parents.
• Education records containing information about more than one student. (However, the institution must permit access to that part of the records that pertains only to the inquiring student.)
• Confidential letters and recommendations placed in the student’s file before January 1, 1975.
• Confidential letters and statements of recommendation placed in the records after 
January 1, 1975, to which the student has waived their right to review and that are related to the student’s admission, application for employment or job placement, or receipt of honors. Upon a request from a student, they will be notified of the names of the persons making the recommendations and that such recommendations cannot be used other than for their intended purposes.

A student has the right to request amendment to any of their education records that they believe are inaccurate, misleading, or otherwise in violation of their privacy rights under FERPA. Should a student believe an education record is inaccurate or misleading, a request for amendment or correction should be addressed, in writing, to the college's Vice President, Student Services office and clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the college decides not to amend the record as requested, the student has a right to appeal to the Chancellor or his/her designee. For detailed steps please refer to Administrative Procedure, 3001.1 – Student Records, Release, Correction and Challenge.

Students who wish to challenge a grade must process their request in accordance with Administrative Procedure 3001.2 Grade Challenge.

FERPA specifies that students' educational records cannot be released without written consent of the student or a court order. In addition, it defines the term "educational records" and specifies who can access such records. To grant access to your records, download the Consent to Release Student Educational Records and return the signed form to the San Diego Community College District, Student Services office, at 3375 Camino del Rio South, Suite 100, San Diego, CA 92108-3883

The right to file a complaint with the US. Department of Education concerning alleged failures by the District/colleges to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education
400 Maryland Avenue,
SW Washington, DC 20202

• REGULATIONS: 34 C.F.R., § 99, ET SEQ.;
• CALIFORNIA EDUCATION CODE § 76200, ET SEQ.;
• TITLE 5 § 54600 ET SEQ.;
• SDCCD BOARD OF TRUSTEES POLICY 3001 – STUDENT RECORDS AND ADMINISTRATIVE PROCEDURE 3001.1 – STUDENT RECORDS, RELEASE, CORRECTION AND CHALLENGE