Page 157 - Mesa Community College 2020-2021 Student Handbook

the student handbook and in Appendix S-17 of the MCCCD Administrative Regulations.
3. The right to provide written consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without
consent.
With the exception of directory information and the various FERPA authorized disclosures without consent, the Maricopa County Community College District or its associated colleges must receive written consent from students before disclosing any personally identifiable information from educational records.
FERPA permits the disclosure of personally identifiable information (PII) from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA Regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student:
1. To other school officials, including instructions, administrators, supervisors, Governing Board members, academic or support staff, law enforcement and health staff, within the MCCCD whom the college or District has determined to have legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities.This includes contractors, attorneys, auditors, collection agents, consultants, volunteers, or other parties to whom the college has outsourced institutional services or functions, provided that the conditions listed in §99.31(A)(1)(I)(B)(1) – (A)(1)(I)(B)(2) are met. (§99.31(A) (1))
2. To officials of another school where the student seeks to or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(A) (2))
3. To authorized representatives of the US Comptroller General, the US Attorney General, and the US Secretary of Education, or State and Local Educational Authorities, such as a state postsecondary authority that is responsible for supervising the college’s state supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an 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.These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement, or compliance activity on their behalf (§§99.31(A) (3) AND 99.35)
4. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(A) (4))
5. To organizations conducting studies for, or on behalf of, the college, in order to: (A) Develop,Validate, or Administer Predictive Tests; (B) Administer student aid programs; or (C) Improve instruction (§99.31(A) (6)
6. To accrediting organizations to carry out their accrediting functions. (§99.31(A) (7))
7. To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(A) (8))
8. To comply with a judicial order or lawfully issued subpoena.(§99.31(A) (9))
9. To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(A)
(10))
10. Information the college has designated as “Directory Information” under §99.37. (§99.31(A) (11))
11. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject
to the requirements of §99.39.The disclosure may only include the final results of the disciplinary
proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(A) (13))
12. To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non- forcible sex offense and the student has committed a violation of the college’s rules or polices with
respect to the allegation made against him or her.(§99.31(A) (14))
13. To parents of a student regarding the student’s violation of any federal, state, or local law, or of any
rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(A) (15))
CONDITIONS OF DISCLOSURE WITHOUT CONSENT
Students who believe that MCCCD or an agent of the college has disclosed information contrary to the provisions outlined in this section may submit a grievance via the non-instructional complaint resolution process. The process is posted at: https://district.maricopa.edu/regulations/admin-regs/appendices/ students/s-8
4. The right to file a complaint with the US Department to 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:
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