Privacy Rights of Parents and Students

Moraine Valley complies with all rules and regulations issued by the United States Department of Education with respect to privacy rights of parents and students.

The Family Educational Rights and Privacy Act of 1974 (FERPA) as amended

This act requires that students be advised of their rights concerning education records and of certain categories of public information which the college has designated “directory information.” Moraine Valley Community College sends an email notification to all students on an annual basis explaining these rights. This notification’s purpose is to explain the requirements designed to protect the privacy of student records, student’s ability to access their record and under what conditions the records may be released. The full policy and procedures regarding the Family Educational Rights and Privacy Act can be found on the college’s FERPA website.

Students have the right to inspect and review all records that meet the act’s definition of “education records.” Education records are all records maintained by the college about each student.

The following are exceptions:

employment records
medical, psychological and counseling records used solely for treatment
records of the Police Department
financial records of a student’s parents
confidential letters and statements of recommendations placed in records prior to Jan. 1, 1975
confidential letters and statements of recommendation for admission, employment or honorary recognition placed in records after Jan. 1, 1975, for which students have waived the right to inspect and review

Records are not maintained in a central location on campus. Requests to review records must be made separately to each office that maintains records. Requests must be made in writing and presented to the appropriate office. That office will have up to 45 days to honor requests. For most students, these offices include the Cashier’s Office; Bookstore; Admissions; Records; Registration; Financial Aid; Corporate, Community and Continuing Education; Counseling and Career Development Center; Library; Academic Skills Center; Center for Disability Services; and Code of Conduct.

Students may challenge any information contained in education records that may be misleading or inappropriate. This right does not extend to reviewing grades unless the grade assigned by an instructor was inaccurately recorded. To challenge information in a file, students must make a written request for a hearing to the vice president of Student Development.

The hearing shall be held within a reasonable period of time after the administration has received the request. The student shall be given notice of the day, place and time well in advance of the hearing. The hearing will be conducted by three staff members and two students appointed by the vice president of Student Development. A decision of the panel will be final and based solely on the evidence presented.

If the hearing is not conducted according to the student’s expectation, he or she may insert a note of exception in the record. The institution will correct or amend any documented record in accordance with the decision of the hearing panel.

Under the act, prior written consent must be obtained before information may be disclosed to third parties unless they are exempted from this provision. These exemptions include the following:

requests from the college staff with a legitimate educational “need to know”
requests in accordance with a lawful subpoena or court order
requests from representatives of agencies or organizations from which students have received financial aid
requests from officials of other educational institutions in which students enroll
requests from other persons specifically exempted from the prior consent requirement by the act (certain federal and state officials, organizations conducting studies on behalf of the college, accreditor organizations)
requests for directory information

In accordance with the act, the college has designated the following categories of information as directory information. This information may be released unless students request that all or part of this list be withheld. These categories are the following:

name
city/town of residence
major field of study
participation in officially recognized activities and sports
weight and height of members of athletic teams
dates of attendance (including current classification and year, matriculation and withdrawal dates)
degrees and awards received (type of degree and date granted)

If students wish to file a request preventing this information from being disclosed as directory information, they should report to the Registration Office and complete the necessary form during the first 10 days of the semester. After students file this form, the Registration Office will notify the appropriate college offices and begin to comply as soon as possible.

Note: if a student places a hold on directory information at the time of graduation or withdrawal from the college, the college will be unable to comply with any directory information requests received after the student’s departure. The student must consider the consequences of any decision to withhold directory information, because future requests for such information from other schools, prospective employers or other persons or organizations will be refused. The college assumes no liability for honoring the student’s instructions to withhold information. Only a student who is currently enrolled at the college may suppress directory information. If the form is not received in the office of Registration and Records by the 10^th day of the semester, it is assumed that the above information may be disclosed

All information, records, and correspondence are directed only to the student. These rights to educational records transfer to the student when he/she reaches the age of 18 or attends a school beyond the high school level. Under the act, prior written consent from the students must be obtained before information may be disclosed to a third party unless they are exempted from the provision.

Solomon Amendment

The Solomon Amendment is a federal law that allows military recruiters access to limited student recruitment information for students age 17 and older. The U.S. Department of Education has determined that the Solomon Amendment supersedes certain elements of the Family Educational Rights and Privacy Act (FERPA), requiring institutions to release specified student information for military recruitment purposes.
Student recruitment information may include name, address, telephone listing, age or date of birth, place of birth, level of education, academic major, degrees received, and the most recent educational institution attended. This information may differ from Moraine Valley Community College’s FERPA directory information designations.

Students who have submitted a request to restrict the release of directory information will not have their information released under the Solomon Amendment. However, students may not selectively restrict the release of recruitment information solely to military recruiters.

Requests in accordance with a lawful subpoena or court order

This request must be routed to the Dean of Enrollment Services Office, who will notify the custodian of the student records of the lawful order to release the records; Illinois court rules require that such orders be issued at least seven days before the date on which an appearance is required for a deposition, hearing, or trial. Under FERPA, personally identifiable information (PII) from students’ education records may be disclosed without the student’s consent if the disclosure meets specific conditions outlined in §99.31 of the FERPA regulations, with additional guidance available on the college’s FERPA website.

If students have questions regarding the provisions of the act, they may contact the office of the dean of Enrollment Services, S116.