Family Educational Rights and Privacy Act
Lamar Community College Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. FERPA rights are afforded to the students at the time of admission. These rights include:
1) The right to inspect and review the student’s education records within 45 days of the day Lamar Community College receives a request for access. A student should submit to the Student Services Office, a written request that identifies the record(s) the student wishes to inspect. The College Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College Registrar, they shall advise the student of the correct official to whom the request should be addressed.
2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights.
A student who wishes to ask Lamar Community College to amend a record should write the College Registrar who will notify the college official responsible for the record, 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 College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment using the Student Grievance Procedure SP 4-31. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3) The right to provide written consent before Lamar Community College discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to College officials with legitimate educational interests. A College official is a person employed by the College or Colorado Community College System 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 College has contracted as its agent to provide a service instead of using college employees or officials (such as an attorney, auditor, or collection agent); a person serving on the College Board; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. Lamar Community College has designated the National Student Clearinghouse as a College official. A College official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. Upon request, the College discloses education records, without a student’s consent, to officials of another school, in which a student seeks or intends to enroll, or after enrollment.
The college may share educational records to parents in the following circumstances: for a student who is dependent under I.R.S. tax code; a student under 21 years old who has violated a law or the school’s rules or policies governing alcohol or substance abuse; and when the information is needed to protect the health or safety of the student or other individuals in an emergency.
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records - including your Social Security Number, grades, or other private information - may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
The Colorado Community College System considers the following to be directory information and Lamar Community College staff may disclose this information, without prior consent, to anyone inquiring in person, by phone, or in writing: Student name; Major field of study; Dates of student attendance; Degrees / certificates and awards student has earned; Most recent educational institution attended by the student; enrollment status (full time, part time, etc.), Participation in officially recognized activities and sports; and if participating in an officially recognized activity or sport, height, weight, and high school attended.
Physical Addresses are considered PII and are not released as Directory Information except they may be released for the following limited purposes:
- Graduation lists released to news meida, which may include the student’s city of residence only,
- Other listings to the news media and College personnel for special awards, honors, and events,
- Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership,
- As may be needed by cash management service providers engaged by CCCS or the Colleges to process student refunds, or
- To four year institutions who have a written agreement with the System, to consider CCCS students who have graduated or applied to graduate from a degree program, for scholarship or admissions consideration.
Email Addresses are considered PII and are not released as Directory Information except they may be released for the following limited purposes:
- Notification to Phi Theta Kappa Honor Society for students who are eligible to be considered for membership,
- As may be needed by cash management service providers engaged by CCCS or the Colleges to process student refunds, or
- To four year institutions who have a written agreement with the System, to consider CCCS students who have graduated or applied to graduate from a degree program, for scholarship or admissions consideration.
Phone numbers (including type) and GPA are considered PII and are not released as Directory Information except for the following limited purpose:
- To four year institutions who have a written agreement with the System, to consider CCCS students who have graduated or applied to graduate from a degree program, for scholarship or admissions consideration.
Additionally, name, address, phone number, date and place of birth, level of education, most recently attended college, field of study, and degree(s) received of students may be released to military recruiters upon request in accordance with the Solomon Amendment. All other information contained in student records is considered private and not open to the public without the student’s written consent. Students who do not want their directory/public information released to third parties or students who do not want to be listed in the College online e-Directory should complete a form to suppress directory information available online or at the Student Services Office by the first day of the semester.
4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College 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 20202-5901
Fair and Accurate Credit Transaction Act:
In accordance with the Fair and Accurate Credit Transactions Act (FACTA) of 2003, CCCS adheres to the Federal Trade Commission’s (FTC) Red Flag Rule (A Red Flag is any pattern, practice, or specific activity that indicates the possible existence of identity theft.), which implements Section 114 of the FACTA and to the Colorado Community College System’s Identity Theft Prevention and Detection Program, which is intended to prevent, detect and mitigate identity theft in connection with establishing new covered accounts or an existing covered account held by CCCS or one of its thirteen (13) Community Colleges, and to provide for continued administration of the program. If a transaction is deemed fraudulent, appropriate action will occur. Action may include, but is not limited to, canceling the transaction, notifying and cooperating with law enforcement, reporting to the Chief Student Services Officer (CSSO), and notifying the affected parties.
Selected Definitions Include:
- Student-Any individual who is or has been in attendance at an institution and about whom the institution maintains education records. Eligible students are those who are 18 years of age or older. This definition does not include applicants to an institution.
- Parent-Parent of a student, including natural parent, guardian, or an individual acting as a parent in the absence of a parent or guardian.
- Attendance-Attendance in person or by correspondence. This definition also includes that period of time during which a student might be working under a work-study program. Note that it is not enough to be enrolled, the student must be physically present at the institution except in cases involving correspondence courses.
- Disclosure-to permit access to education records or the personally identifiable information in the records by any means, including oral, written, or electronic means.
- Personally identifiable information-student’s name, parent and family member names, address of student and parent or family members, a personal identifier such as social security number or student number, a list of personal characteristics or other information which would make the student’s identity easily traceable.
- Directory information-information contained in education records which would not generally be considered harmful or an invasion of privacy if released. Lamar Community College designates student name, major field of study, participation in recognized activities and sports, dates of attendance, degrees and awards received, most recent previous educational institution attended, enrollment status (i.e. full-time, half-time etc.) and photo, height and/or weight of athletes as being directory information.
- Education records-those records that are directly related to a student and that are maintained by an educational institution. Education records do not include:
- Records of instructional, supervisory, and administrative personnel that are kept in the sole possession of the maker of the record and are not revealed to anyone except a substitute. Example: grade books and faculty instructional materials.
- Records of a law enforcement unit of an educational institution if the records are maintained separately from education records, maintained solely for enforcement purposes, and disclosed only to law enforcement officials of the same jurisdiction.
- Records relating to an individual who is employed by an educational institution that are maintained in the normal course of business, related solely to the individual as an employee, and are not available for any other purpose. Exception: records of an individual who is employed by the educational institution as a result of his or her status as a student are educational records and are not exempted from coverage under this section. Examples include employment records of graduate assistants and work-study students.
- Records that contain information about an individual after he or she is no longer a student at the institution.
- Records of a student that are made or maintained by a physician, psychologist, psychiatrist, or other recognized professional or paraprofessional acting in such capacity which are made or used only in connection with treatment of the student and are disclosed only to persons providing the treatment. Treatment does not include remedial educational activities.
- Federal Trade Commission Statute: http://www.ftc.gov/os/statutes/fcradoc.pdf
- Red Flag Rules: http://www.ftc.gov.bcp/edu/microsites/redflagsrule/index.shtml
- Identity Theft Consumer Information: http://www.consumer.ftc.gov/features/feature-0014-identity-theft
Gainful Employment Disclosure Information
Beginning July 1, 2011, the US Department of Education has required each college to disclose a variety of information for any financial aid eligible program that “prepares students for gainful employment in a recognized occupation.” Gainful employment information for each of LCC’s Title IV-eligible certificate program can be found on each certificate program’s web page.
For additional information regarding the data provided and what it means to students, please feel free to contact Teresa Turner, Director of Financial Aid at 719.336.1591 or teresa.turner@lamarcc.edu.
Notice of Nondiscrimination
Lamar Community College prohibits all forms of discrimination and harassment including those that violate federal and state law, or the State Board for Community Colleges and Occupational Education Board Policies 3-120 and 4-120. The College does not discriminate on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity, or sexual orientation in its employment practices or educational programs and activities. Lamar Community College will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.
The College has designated Shelly Tombleson/Director of Human Resources as its AFFIRMATIVE ACTION (AA), OFFICER, EQUAL OPPORTUNITY (EO) OFFICER, 504 COORDINATOR, AND TITLE IX COORDINATOR with the responsibility to coordinate its civil rights compliance activities and grievance procedures. If you have any questions, please contact SHELLY TOMBLESON/DIRECTOR OF HUMAN RESOURCES at (719) 336-1572, EOandTitleIX@lamarcc.edu, or 2401 S Main St, Lamar, CO 81052.
You may also contact the Office for Civil Rights, U.S. Department of Education, Region VIII, Federal Office Building, 1244 North Speer Boulevard, Suite 310, Denver, CO 80204, telephone (303) 844-3417.
All LCC customers have access to services, programs, and activities in accordance with the Americans with Disabilities Act of 1990. Special needs requests may be directed to:
Lamar Community College’s Special Populations Coordinator, 2401 South Main, Lamar, CO 81052, 719.336.1533.
Prohibition Against Enrollment in State Supported Institutions of Higher Education of Persons Convicted of Rioting Offenses.
Under Colorado law, no person shall be enrolled in a state-supported institution of higher education for a period of twelve months following the date of a guilty verdict, guilty plea, no contest plea, or a deferred judgment and sentence for inciting riot, arming rioters, or engaging in a riot.
Clery Act
In compliance with the Crime Awareness and Campus Security Act of 1990, also known as the Clery Act, the Lamar Community College provides information on its Annual Security Report (ASR) published each year in order to provide accurate information to potential and current students and employees about campus crime statistics, campus crime logs, as well as policies regarding the safety and security of the campus community. The Annual Security Report and other important safety information can be accessed from the Lamar Community College website at: http://www.lamarcc.edu/student-life/campus-safety/ . Or, a print copy is available by contacting Student Services at 719-336-1590 located in the Betz Building.
Sex Offender Notice
Information concerning persons who are required by Colorado law to register as sex offenders, including registered sex offenders who are enrolled, employed, or volunteering at the College may be obtained from the Lamar Police Department, 505 South Main Street, 719.336.4341 or the Prowers County Sheriff’s Department, 103 East Oak, 719.336.8050.
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