Confidentiality/FERPA

FERPA: Family Educational Rights and Privacy Act of 1974 
Everett Community College Student Records Disclosure Guidelines

Confidentiality of Student Records

All student educational records are handled in accordance with the Family Educational Rights and Privacy Act of 1974. The provisions of this act ensure confidentiality of student records by restricting the release of personally identifiable information these records contain. This federal law also establishes the right of students to inspect and review their educational records, and provides guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Contact the Registrar, 425-388-9211, for additional information regarding these processes.

Please refer to our Disclosure of Student Information Policy (EVCC 6130) for more information. The complete policy is available at FERPA Policy.

What is Personally Identifiable Information?

Under the Family Educational Rights and Privacy Act (FERPA), personally identifiable information (PII) for education records includes any information that can be used to identify a student, such as:

  • A student's name, or the name or nickname of a family member 
  • A student's address 
  • A student's social security number, student number, or biometric record 
  • A student's date of birth 
  • Other information that could allow a reasonable person in the school community to identify the student 

Disclosure of Education Records

Under FERPA, a school generally may not disclose PII from an eligible student’s education records to a third party unless the eligible student has provided prior written consent. Even with the prior written consent of an eligible student, a school is not required by FERPA to disclose PII from education records to third parties. Accordingly, under FERPA, a school may have a policy of not disclosing PII from education records to third parties if the eligible student owes money to the school. There are several exceptions to FERPA’s general consent requirement, some of which are described below. Under these exceptions, schools are permitted to disclose PII from education records without consent to a third party, but they are not required to do so by FERPA.

School Official

FERPA allows “school officials,” including faculty and staff within an institution of postsecondary education, to access PII from education records without consent, provided the school has determined that they have a “legitimate educational interest” in the information. The school’s annual notification of rights under FERPA must specify the criteria for determining which parties are “school officials” and what the school considers to be a “legitimate educational interest.” Typically, a school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.

Also, under the “school official” exception to the consent requirement, FERPA permits a school to disclose PII from education records to contractors (e.g., software/application vendors or lawyers), consultants (e.g., nutritional or information technology consultants), volunteers (e.g., student volunteers or tutors) or other third parties to whom the school has outsourced institutional services or functions, provided that the outside party:

  1. Performs an institutional service or function for which the school would otherwise use employees;
  2. Is under the direct control of the school with respect to the use and maintenance of education records;
  3. Is subject to the requirements in FERPA that PII from education records may be used only for the purposes for which the disclosure was made, and which govern the redisclosure of PII from education records; and
  4. Meets the criteria specified in the school’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records.

Seeks or Intends to Enroll

Another exception to FERPA’s general consent requirement permits a school to disclose PII from an eligible student’s education records, without consent, to another school in which the student seeks or intends to enroll, or where the student is already enrolled, as long as the purpose of the disclosure is related to the student’s enrollment or transfer. A school that discloses education records under this exception must make a reasonable attempt to notify the eligible student of the disclosure, unless the disclosure is initiated by the student, or the school’s annual notification of rights under FERPA includes a notice that it forwards education records to other schools that have requested the records and in which the student seeks or intends to enroll or is already enrolled, as long as the disclosure is for purposes related to the student’s enrollment or transfer. A school that discloses education records under this exception also must provide the student, upon request, a copy of the records that were disclosed and, upon request, an opportunity for a hearing to amend the records that were disclosed. Under this exception, a school has the discretion to disclose academic, disciplinary, or any other PII from the student’s education records to the new school. Further, an eligible student does not, under FERPA, have the right to prevent a school from disclosing such PII from the student’s education records, or from communicating information about a student more generally, to the school in which the student seeks or intends to enroll.

Directory Information

FERPA also permits a school to disclose PII from an eligible student’s education records, without consent, when such information has been appropriately designated as “directory information,” and the eligible student has not opted out of the disclosure of such designated information. The FERPA regulations define “directory information” as information in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed.

At Everett Community College, this information is considered “directory information” and may be released without your written consent:

  • Name
  • Major field of study
  • Quarters of attendance (not specific days)
  • Degrees and certificates earned
  • Term degree or certificate awarded
  • Honors
  • Enrollment Status (full-time or part-time)
  • Participation in officially recognized sports

 As a student, you have the right to restrict the release of directory information. You can update your privacy restrictions in ctcLink following the steps listed in the Update Privacy Restrictions guide. It takes a few clicks and is easy to set up. If you have any questions, you can also email registration@everettcc.edu for help. 

Before you restrict access to your directory information, we want you to know that it may have unintended consequences. For instance, a FERPA restriction makes it difficult or impossible for potential employers to verify your enrollment at EvCC or degrees or certificates you earn here. You also would not have your name printed in commencement programs or other awards lists. 

Dependent Student

FERPA provides ways in which a school may share, without the consent of an eligible student, education records of the eligible student with their parents. Schools may, but are not required to, disclose any and all PII from education records to parents, without the consent of the eligible student, if the student is a “dependent student,” as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent’s most recent income tax return, a school may disclose the student’s education records to either parent, without the eligible student’s consent. This exception to FERPA’s general consent rule, where applicable, also permits institutions of postsecondary education to share, without the prior written consent of an eligible student, PII from education records of students who are enrolled in both a high school and the college or university (dually enrolled) with the parents of such dually enrolled students. In this situation, the parents retain the rights over the student’s education records maintained by the high school, if the student is under the age of 18 5 years, but the student retains the rights over the education records maintained by the college or university.

What if the student is underage?

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." This act is about protecting student privacy by not releasing grades or other personal information to anyone but the student. 

Under FERPA, EvCC instructors and staff cannot communicate with anyone but the student about the student’s educational record including course work or grades, unless we have a Release of Information on file.  It does not matter if the student is a minor; all students taking college courses are considered adults and FERPA applies to all.

The FERPA release is an approval to release information. This does not give permission to take action on the student's account such as adding classes, dropping classes, etc. 

Other Exceptions

Provided certain conditions are met that are not included in the summary below, other exceptions to FERPA’s general consent requirement that permit the disclosure of PII from education records include, but are not limited to:

  • To authorized representatives of, among others, the U.S. Secretary of Education, as well as State and local educational authorities, for 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 received;
  • To organizations conducting studies for, or on behalf of, the school for the purposes of administering predictive tests, administering student aid programs, or improving instruction;
  • To the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense concerning the final results of a disciplinary hearing conducted by an institution of postsecondary education against the alleged perpetrator of such crime or offense with respect to the alleged crime or offense;
  • To any third party the final results, as described in FERPA regulations, of a disciplinary proceeding conducted by an institution of postsecondary education against a student who is the alleged perpetrator of a crime of violence or non-forcible sex offense if the student is found by the institution to have violated its rules or policies as a result of the disciplinary proceeding, as long as the disclosure does not include the name of any other student, including a victim or witness, without the written consent of that other student;
  • To comply with a judicial order or a lawfully issued subpoena;
  • In connection with a health or safety emergency (See more information below); and
  • To a parent of a student at an institution of postsecondary education regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, where the institution determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under 21 years of age at the time of the disclosure to the parent.

Emergency Situations

FERPA does allow the release of information without your consent to law enforcement if the disclosure is in connection with a health or safety emergency and if knowledge of the information is necessary to protect the health or safety of the student or other individuals. See  CFR §99.31(a)(10) and 34 CFR §99.36.

At EvCC, decisions to release information under this exception are carefully coordinated among our Campus Safety & Security Office, Registrar and Student Conduct Officer.

Release of Information to the Student

Students have the right to inspect and review their educational records, and are usually able to do so informally  through the appropriate offices, which in most cases will be the offices of Enrollment Services, Student Financial Services, Testing, VP of Student Services, Instruction, and Veterans. For positive identification of the student, the office involved has the right to ask for a valid picture ID card. Students requesting transcripts must do so in writing. Students who wish to view their entire educational record (probably held in several offices) must make a formal request in writing to Enrollment Services.

Procedures for Student Review and Inspection

  1. The college must permit a student to inspect and review their education records within 45 days of the college’s receipt of a request for access, subject to the exceptions below. Such request shall be made to the college’s Registrar at registration@everettcc.edu. Although an initial request may be oral, the college will require the student to put the request in writing and identify the records the student wishes to inspect. A school official will present when the student inspects and reviews education records. FERPA provides a right to inspect and review; it does not require the college to provide copies of records to the student or to allow the student to make copies on their own electronic device.

  2. If the request is denied or not responded to within 45 days of receipt, the student may appeal to the College’s Vice President of Student Enrollment Management and Student Success, vpss@everettcc.edu. The appeal must be in writing and should identify the particular records to which access was requested, the date of the original request for access, the person to whom the request was made, and the reasons why the student believes that the student has a right of access to the record. The Vice President of Student Enrollment Management and Student Success  should render a decision on the appeal no later than 30 days after receipt of the appeal. Denial of an appeal for access must be in writing and contain the reasons for the denial and a statement that the student has a further right to appeal.

The following records are not part of the student's education record:

  • Records which are kept in the sole possession of the maker of the records, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the records.
  • Records of the law enforcement unit of an educational agency or institution. Law enforcement unit records are records that are: (1) created by a law enforcement unit; (2) created for a law enforcement purpose; and (3) maintained by the law enforcement unit.
  • Records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee and are not available for use for any other purpose. However, records relating to an individual in attendance at the agency or institution who is employed because of his or her status as a student are education records.
  • Records on a student who is 18 years of age or older, or attending a postsecondary institution, that are: (1) made or maintained by a physician or other recognized professional acting in that capacity; (2) made, maintained, or used only in connection with treatment of the student; and (3) disclosed only to individuals providing the treatment.
  • Records that are created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student.
  • Records that are grades on peer-graded papers, before they are collected and recorded by a teacher.

Student Written Consent is required

The following instances require written consent from the student:

  • The College does not disclose records to family members without student consent.
  • Recognized College student organizations may obtain information relating to a student’s academic record and status with written release from the student; requests of this nature are handled on an individual basis and only through the organization’s appointed advisor.
  • A student can request enrollment or education record to be sent in an official college letter with our Enrollment Verification Form

Release and Non-Release Form

Students may print, complete, sign and submit the online Release of Information Form to Enrollment Services if the student wishes to allow certain persons to be able to access their records. If the student wishes to prevent any disclosure of any information, students can restrict disclosure by loggin into their ctcLink account. 

Annual Notification of FERPA Rights

Under FERPA, a school must annually notify eligible students of their rights under FERPA. The annual notification must include information regarding an eligible student’s right to inspect and review their education records, the right to seek to amend their records, the right to consent to disclosure of PII from their records (except in certain circumstances), and the right to file a complaint with SPPO regarding an alleged failure by a school to comply with FERPA. The notification must also inform eligible students of the school’s criteria for the terms “school official” and “legitimate educational interest” in certain instances. A school is not required to notify eligible students individually, but rather is required to provide the notice by any means that are reasonably likely to inform eligible students of their rights. These means could include publication in a school activities calendar, newsletter, student handbook, or on a school’s website.

Complaints of Alleged Violations of FERPA

Eligible students who believe that their FERPA rights may have been violated may file a complaint with SPPO. SPPO will review the complaint to ensure that the complaint:

  • Is filed, in writing, by an eligible student who maintains FERPA rights over the education records that are the subject of the complaint;
  • Is submitted to SPPO within 180 days of the date of the alleged violation or of the date that the eligible student knew or reasonably should have known of the alleged violation; and
  • Contains specific allegations of fact giving reasonable cause to believe that a violation of FERPA has occurred.

SPPO will then make a case-by-case determination of the best mechanism for resolving the complaint. Sometimes the action will be an investigation, while for other complaints, consistent with the statute and applicable regulations, we will take other appropriate actions, such as acting as an intermediary or providing resolution assistance. 

FERPA Guide

The Department of Education has provided a guide in English and Spanish for the Family Educational Rights and Privacy Act.