Student Records & Privacy Rights
 

For more Information please contact the PCC Registrar's Office at (719) 549-3016

The Family Educational Rights and Privacy Act of 1974 (FERPA), commonly known as the Buckley Amendment, articulates your right to privacy regarding your educational records. The Act helps protect the privacy of your records by requiring that PCC limit the disclosure of information from these records to third persons, as well as notify you of the right to review and correct your records.

PCC may release the following directory information about you to the public:

Name
Date of birth
Major field of study
Dates of attendance
Degrees and awards received

If you do not wish PCC to release this information, you must file a written request with the Admissions & Records Office. For more information about the Buckley Amendment, contact the Admissions & Records Office.

I. A. 

Notification of Rights Under the Family Educational Rights and Privacy Act (FERPA) of 1974

I. B.  Statement of Philosophy and Policy on Student Records
II.  Public Information
III. Confidential Information
IV. A. Rights of Access and Review of Records
IV. B.  Limitation on Access
IV. C.  Supplementary Exceptions
V.  Custodians of Student Records
VI.  Release of Grades
VII.  Right to Challenge Content of Records
VIII.  Waiver of Right of Access to Confidential Recommendations
IX.  Creation, Permanence, and Disposal of Student Records
X.  Complaint Procedures

I. A. Notification of Rights Under the Family Educational Rights ad Privacy Act (FERPA) of 1974

    The Family Educational Rights and Privacy Act (FERPA) of 1974 affords students certain rights with respect to their education records. They are:

    The right to inspect and review the student’s education records.

    The right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.

    The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

    The right to file with the U.S. Department of education a complaint concerning alleged failures by Pueblo Community College to comply with the requirements of FERPA.

    The right to obtain a copy of Pueblo Community College’s Student Records Policy. A copy of the policy is available at the Registrar’s Office, College Center Building, Room 215. For information regarding the Student Records Policy, please contact the Registrar’s Office at (719) 549-3016.

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I. B. Statement of Philosophy and Policy on Student Records

Pueblo Community College maintains various records concerning students to document their academic progress as well as to counsel effectively with them. In order that the students' rights to privacy are preserved, as well as to conform with federal law, the College has established certain procedures to govern the handling of student records.

Federal regulations, as they relate to student records, are governed by the Family Educational Rights and Privacy Act of 1974 (Buckley Amendment). Generally, this act provides that currently enrolled or former students have the right of access to their educational records and the opportunity for a hearing to challenge such records, if necessary, on the grounds that the records are inaccurate, misleading, or otherwise inappropriate.

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II. Public Information

In compliance with the federally-enacted regulations of the Privacy Act, and as defined Pueblo Community College, public information regarding students attending Pueblo Community College shall be:  the student's name, current address, (including telephone), date of birth, terms of attendance, major field of study, class rank (freshman or sophomore), and degrees/certificates and award received from PCC. (Information contained in personal files of the student is considered confidential and requires written authorization by the student for release, provided such records, with names and personal identification deleted and kept confidential, may be made available for governmental or College-approved research and analysis.)

The Registrar, upon inquiry, will release public information pertaining to any individual student unless the student has requested that specific items not be released. A student's request to have "public" information withheld must be filed at the Office of the Registrar. Once a student or previous student has filed to have public information withheld, it will remain in effect until a second written statement is filed with the Office of the Registrar declaring the information may be released. Requests are honored endlessly, whether the student is enrolled or not. Students and previous students/graduates are warned that restrictions to withhold information include verification of attendance and graduation to prospective employers.  Partial or whole lists of students by name and address will not be released for commercial purposes other than to the Military pursuant to the Solomon’s Amendment unless the student has filed a written statement to withhold the public information.

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III. Confidential Information

With the exception of the information noted above, all student records are considered to be confidential and are open only to College personnel who need the information to carry out their official responsibilities (assigned duties and functions). Although College personnel are authorized access to this information on a "need-to-know" basis (to perform specific duties and functions), they are not permitted to release information to persons outside the College unless authorized in writing by the student, by a court order, or according to the exceptions listed in IV-C. Only the official or designated person responsible for the records has the authority to release them.

Records that are provided to a third party with the student’s consent may not be released to another individual (by the third party) without the written consent of the student.

It is important that a record of access (of persons other than College employees responsible for working with the records and College officials who have legitimate educational interests--need to know to fulfill official responsibilities--) to student records be kept by the record holder which indicates:

Name and signature of person who requested or examined the file;

The purpose for which the file was accessed;

Date on which access to record occurred;

A clear notice that the information must not be released by a third party without the consent of the student.

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IV. A. Rights of Access and Review of Records

Students have the right to inspect, review, or receive an interpretation of copies of their educational records, except as excluded below. This right may be exercised by filing a Request for Access form with the custodian of the records to which access is desired. Such requests should be honored as quickly as possible and reasonable, normally within 48 hours; if detailed documentation and/or interpretation is required, the request should be honored within ten (10) days. In all cases, requests for such information must be honored within 45 days.

If a copy(ies) of a portion or all of the records in a student's file is requested, the custodian of the records may charge a fee for copies made, provided the fee does not effectively prevent students from exercising their right to inspect and review (under supervision of a College employee) their records.  The fee does not include an amount to search for or to retrieve records. Standard College fee in Printing and Duplication Services is $2 per original page or $50 for the department record, or $100 for all college records.  The appropriate custodian of the records may require additional charges that will be identified to the student at the time of the request. Copies will not be released in the event there is an outstanding financial obligation to the institution.  However, arrangements will be made for the student to inspect and review his/her records under the supervision of a College employee or College appointed  proxy.  The Office of the Registrar processes all requests for Student Records.

Each custodian of records is responsible for requiring proper identification of an individual making the request about his/her records.

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IV. B. Limitation on Access

Educational institutions are not required to make available to students in institutions of post-secondary education the following records:

Financial records of the parents of the students or any information contained therein;

Records maintained by a physician, psychiatrist, psychologist, or other recognized professionals are not open for student's inspection. Students may, however, have an appropriate professional of their choosing inspect such records;

Confidential recommendations for admission, employment, or honors are not open to student access if the student has waived his/her right to access. General waiver forms are available and on file at the Registrar's Office;

Law enforcement records maintained solely for law enforcement purposes are unavailable for student access and may be used only by law enforcement officials;

Records of instructional, supervisory, 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 (an individual who performs on a temporary basis the duties of the individual who made the record).

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IV. C. Supplementary Exceptions

In addition to the student access stipulations, the Act provides that the College may release, without the student's permission, personally identifiable educational records to:

Officials or faculty of the College who have legitimate educational interest (need to know to fulfill official responsibilities);

Officials of other schools or school systems in which the students seek to enroll; in this instance, no notice of release of records needs to be sent to the student;

Certain federal and state educational authorities: (99.31)
( i) the Comptroller General of the United States;
( ii) the Secretary;
( iii) the Commissioner, the Director of the National Institute of Education;
( iv) state educational authorities;

Accrediting and College-approved testing agencies;

Parents of dependent students (requires a certified copy of most recent year’s federal tax return that clearly indicates the parent has claimed the student for Income Tax purposes);

Appropriate parties in connection with an emergency when the immediate health or safety of the student is threatened, and where the information will help resolve the crises;

Persons presenting an officially-related judicial order or lawfully-issued subpoena; 

Institutions from which the student has received, or applied to for financial aid; and

The court, without a court order or subpoena, the student’s education records that are necessary for the College to defend itself when a parent or eligible student initiates legal action against the College.

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