Privacy of Education Records Policy
Under the Federal Family Educational Rights and Privacy Act and
Minnesota Government Data Practices Act

 

Definitions	Challenge to Record
Notice of Rights and Policy	Copies
Access to Student Records	Complaints
Directory Information

Definitions

The following definitions apply for the purpose of this policy:

Student means an individual currently or formerly enrolled or registered at Bemidji State University, applicants for enrollment or registration at Bemidji State University, or individuals who receive shared time educational services from Bemidji State University.

Educational data or education records means information recorded in any form directly related to a student collected, created, received, maintained or disseminated by or by a person acting for the University.

Education records do not include:

(1) records of instructional personnel which 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;

(2) records created by the University law enforcement unit, maintained by the law enforcement unit apart from educational data and solely for law enforcement purposes, and are not disclosed to University school officials outside of the law enforcement unit;

(3) 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;

(4) medical or psychological treatment records, which are maintained and accessible only to professionals for treatment purposes;

(5) records that only contain information about a former student after that individual is no longer a student at the institution (alumni data).

Enrolled students will be provided information about their rights under FERPA (FERPA Notice) including, but not limited to, the following rights to: 1) inspect and review the student’s education records; 2) seek amendment of the student’s education records if believed to be inaccurate, misleading, incomplete, or otherwise in violation of the student’s privacy rights; 3) consent to disclosure of personally identifiable information contained in education records, as required by law; 4) file a complaint with the U.S. Department of Education concerning alleged violations of FERPA.

The University FERPA Notice is available on the University website and is provided to enrolled students in written form, and in alternative formats or translations upon request.

Copies of this Policy are available by contacting the Records Office, Deputy Hall, Room 101.

Pursuant to the requirements of the MGDPA, whenever the University collects private data from an individual who is the subject of the information, the University shall inform the individual: 1) the purpose and intended use of the information; 2) whether the individual may refuse or is legally required to provide the information; 3) any known consequences from giving or refusing to supply the data; 4) the identity of individuals who will have access to the information.

If the University is collecting a Social Security Number from an individual, the individual shall additionally be informed of the law, if any, requiring such disclosure.

Access by Student

Upon written request, the University shall provide a student with access to his or her education records, unless limited by law. All students at a college or university have the same rights regarding their education records irrespective of age.

There is no charge for viewing the records even if the college or university is required to make a copy of the record in order to provide access. Responses to requests by students to review their education records shall be immediate, if possible, or within ten business days.

Upon request, the meaning of their education record shall be explained to the student by University personnel assigned to, and designated by, the appropriate office.

Students have the right to review only their own records. When a record contains private information about other individual(s), disclosure cannot include information regarding the other individual(s).
A student does not have access to financial information and statements of the student’s parents or any information contained therein.

Procedures are available for requesting education records by the subject as follows:

A. Academic Records
Records Office, David Carlson, Registrar
Deputy Hall, Rm 101
Bemidji State University
Bemidji, MN 56601
218-755-2020

B. Student Services Records
Office of Student Development and Enrollment
Lisa Erwin, Director of Student Life and Counseling
Deputy Hall, Room 313
Bemidji State University
Bemidji, MN 56601
218-755-2075

C. Financial Records
Financial Aid Office
Paul Lindseth, Director
Deputy Hall, Rm 114
Bemidji State University
Bemidji, MN 56601
218-755-2034

D. Resume Information
Career Services
Margie Giauque, Director
Sanford Hall, Rm 102
Bemidji State University
Bemidji, MN 56601
218-755-2038

Students do not have access to confidential letters or statements of recommendation placed in education records before January 1, 1975, or after January 1, 1975, if the student waived his/her right of access as permitted by law.

Consent for Release to Third Parties Generally Required

The university will not disclose or release to a third party personally identifiable information from education records without the prior written consent of the subject student except as authorized by law.

To be valid, a written consent for the disclosure of education records must: 1) specify the records to be disclosed; 2) state the purpose of the disclosure; 3) identify the party or class of parties to whom the disclosure may be made; and 4) be signed and dated by the student. If the disclosure is to an insurer or its representative, the release must also include an expiration date no later than one year from the original authorization, or two years for a life insurance application. If the student requests, the school shall provide him or her with a copy of the records released pursuant to the consent. A consent to release education records is available at the Records Office, Deputy Hall, Room 101.

Release without Consent

As required or permitted by law, the University will release personally identifiable information in an education records without consent as follows:

(1) to University officials who have been determined to have a legitimate educational interest in the records;
Note: Bemidji State University has defined school official as a person employed by the Bemidji State University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a trustee or employee of the Office of the Chancellor of Minnesota State Colleges and Universities; 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 official responsibilities.

(2) to officials of other schools in which the student seeks or intends to enroll, or at which a student is also in attendance, upon the condition that the student receive a copy of the record so disclosed, if requested;

(3) to federal, state, or local officials or agencies authorized by law, including, but not limited to authorized representatives of: the Comptroller General of the United States; the Attorney General of the United States; the Secretary of the United States Department of Education; or state and local educational authorities;

(4) in connection with a student's application for, or receipt of, financial aid;

(5) to accrediting organizations or organizations conducting educational studies, provided that these
organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained;

(6) in compliance with a judicial order or lawfully issued subpoena, provided a reasonable effort is made to notify the student in advance unless such subpoena is a Federal grand jury subpoena or other subpoena issued for a law enforcement purpose and the court or issuing agency specifically directs the institution not to disclose the existence of a subpoena;

(7) to appropriate persons in an emergency situation if the information is necessary to protect the health or safety of the students or other persons;

(8) the information has been designated by the University as “Directory information ” and the student has not exercised his/her right of non-disclosure;

(9) the information is the final result of the alleged student perpetrator's disciplinary proceeding to an alleged victim of a crime of violence (as defined in 18 U.S.C. Sect 16) or non-forcible sex offense; or

(10) the information is the final result of a disciplinary hearing finding that a student has violated the [college or university’s] rules or policies by conduct defined as a crime of violence in 18 U.S.C. Sect 16, or non-forcible sex offense, and the final results were reached on or after October 7, 1998.

The University will inform a third party to whom personally identifiable information is released of the applicable limitations on re-disclosure. If the institution discovers that a third party who has received student records from the institution has released or failed to destroy such records in violation of such limitations, it will prohibit access to education records for five (5) years.

Record of Requests for Disclosure

Where required by law, a record of requests for disclosure and such disclosure of personally identifiable information from student education records shall be maintained by the Records Office for each student and will also be made available for inspection pursuant to this policy. Records of requests for disclosure no longer subject to audit or under an active request for access will be maintained according to the applicable records retention policy.

The following information on students at Bemidji State University is designated as Directory Information, which is public data accessible to the public upon request pursuant to Minn. Stat. Sect. 13.03:

(1) student’s name, address, telephone number
(2) major field of study
(3) participation in officially recognized activities and sports
(4) dates of attendance
(5) grade level or enrollment status (e.g., undergraduate/graduate; full time or part time)
(6) degrees, honors and awards and licenses received
(7) names of parents when associated with awards and officially recognized activities and sports events
(8) date of graduation
(9) e-mail address

Notice to students about Directory Information:
Students may direct that the above-listed Directory Information be withheld from public disclosure by notifying the Records Office in writing or by completing the request for data privacy form included in every semester class schedule and returning it to the Records Office. This request will remain in effect until canceled in writing.

Students may challenge the accuracy or completeness of their education records. Note: the right to challenge a grade does not apply under this policy unless the grade assigned was allegedly inaccurately recorded. Substantive challenges to grades shall be according to University policy as stated in the student handbook under “Grade Challenges”.

Students who believe that their education records contain information that is inaccurate, misleading, incomplete or is otherwise in violation of their privacy rights may challenge the record through the procedure outlined in the Student Handbook entitled, “Complaints / Grievances”.

Example: The student may discuss his or her problems informally with the Registrar. If agreement is reached with respect to the student's request, the appropriate records will be amended, and a reasonable attempt will be made to notify past recipients of inaccurate or incomplete data, including recipients named by the student. If not, the student will be notified within a reasonable period of time that the records will not be amended, and will be informed by the Registrar of their right to a formal hearing.

Student requests for a formal hearing must be made in writing to the Minnesota Commissioner of Administration within 60 days of receiving the decision. The request must be directed to: Commissioner of Administration, State of Minnesota, 50 Sherburne Avenue, St. Paul, MN 55155, who, within a reasonable period of time after receiving the request, will inform the student of the date, place and the time of the hearing. The hearing will be conducted by the Office of Administrative Hearings (OAH) and according to the procedures set forth in Minn. Stat. Chapter 14. Students may present evidence relevant to the issues raised and may be assisted or represented at the hearings by one or more persons of their choice, including attorneys, at the student's expense.

Decisions of the hearing officer will be based solely on the evidence presented at the hearing, will consist of the written statements summarizing the evidence and stating the reasons for the decisions, and will be delivered to all parties concerned.

The education records will be corrected or amended in accordance with the decision of OAH if the decision is in favor of the student. If the decision is unsatisfactory to the student, the student may place with the education records statements commenting on the information in the records or statements setting forth any reasons for disagreeing with the decision of the hearing officer, or both. The statements will be placed in and maintained as part of the student’s educational records, and released whenever the records in question are disclosed.

Students may have copies of their education records and this policy upon request. The copies of records will be made at the student's expense at rates stated in the Bemidji State University Printing Services copy charge policy found at: /offices/printing_services/.

There is no additional charge for official transcripts.

Official copies of academic records or transcripts will not be released for students who have a delinquent financial obligation or financial "hold" at the University, unless otherwise required by law.

Complaints regarding alleged failures to comply with the provisions of FERPA may be submitted in writing to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605. Complaints may also be submitted to the President of Bemidji State University, Office of the President, Deputy Hall, Rm 304.

Complaints about compliance with the MGDPA also may be brought to Bemidji State University’s Data Practices Compliance Official: the Registrar, or to the Minnesota Commissioner of Administration.