My Daytona State

Family Educational Rights and Privacy Act (FERPA)


The Records Office maintains permanent educational records for all students who have ever enrolled at Daytona State College. The student educational record may contain an application for admission, high school and/or college transcripts, the Daytona State College academic record or transcript, authorized changes to the record and other documentation appropriate to a student’s enrollment at the college.

Family Educational Rights and Privacy Act (FERPA)

FERPA is a federal law that applies to educational agencies and institutions that receive funding under a program administered by the U.S. Department of Education. The statute is found at 20 U.S.C. 1232g and the Department’s regulations are found at 34 CFR Part 99.

Under FERPA, schools must generally afford students attending a postsecondary institution access to their educational information, an opportunity to seek and have their records amended, and some control over the disclosure of information from the records.

FERPA requires the college to protect the privacy of student record information. This includes restricting access to these records, the release of records and the opportunity to challenge records should they be inaccurate, misleading or inappropriate. A peer-graded test or paper becomes an educational record when and if the grade received is used in the calculation of the final grade for the course. Educational records exclude records that are created or received by the college after the student is no longer a student in attendance and are not directly related to the student’s attendance.

No information other than the data determined to be “directory information” can be provided to a custodial parent, non-custodial parent, or other third party without the permission of the student unless very specific criteria have been met.

FERPA requires the college to establish a policy with regard to the data items that can be released to third parties upon request, and to establish the procedures for the release of such information. Students have the option of making their “file” and “data” confidential. Students choosing to have their data marked as confidential are identified in the student information system and their information is excluded from the college’s directory information. Students cannot use the “opt out” provisions of FERPA to prevent disclosure of name, institutional e-mail address, or other identifier in classes in which they are enrolled.

Disclosure of Education Records

A school must:

  1. Have a student’s written consent prior to the disclosure of education records
  2. Ensure that the consent is signed and dated and states the purpose of the disclosure

A school may disclose education records without prior consent when:

  1. The disclosure is to school officials who have been determined to have a legitimate educational interest. For these purposes a school official is defined to include contractors, consultants and other third parties providing services and functions acting under contract with and on behalf of the college.
  2. To another college when the student is seeking or intending to enroll in another college. This disclosure, upon request, could include disciplinary and health records.
  3. The disclosure is to state or local education authorities auditing or enforcing federal or state supported education programs or enforcing federal laws which relate to those programs.
  4. The disclosure is to the parents of a student who is a dependent for income tax purposes.
  5. The disclosure is in connection with determining eligibility, amounts and terms for financial aid or enforcing the terms and conditions of financial aid.
  6. The disclosure is pursuant to a lawfully issued court order or subpoena.
  7. The information disclosed has been appropriately designated as directory information by the school.
  8. The disclosure without consent is allowed when the school is returning records to the apparent creator (e.g. of a transcript) to verify authenticity.
  9. Disclosure can be made to organizations conducting educational studies for or on behalf of the college for purposes of testing, student aid and improvement of instruction; this disclosure can also be made even in cases where the college is not a party to the research project.
  10. Disclosures allowed under amendments to the federal regulations.

Parent Access to Records

Student records may be released to a parent (either custodial or non-custodial) of the student without the student’s prior approval only when a Daytona State College parent information request form has been completed. This form requires the requesting party to attach documentation that verifies the student was claimed as a dependent on the most recently filed IRS tax return. (Copies already supplied to the Financial Aid Office can be used.) Once this form and documentation are received, the student will be notified of the request 10 days prior to the release of the information. Student information is subject to the FERPA guidelines even if the student is under age 18.

FERPA permits institutions to disclose information to a parent if a health or safety emergency involves their son or daughter. Schools are also allowed to inform parents if the a student under age 21 has violated any law or college policy concerning the use or possession of alcohol or a controlled substance. A school official may generally share with a parent information that is based on that official’s personal knowledge or observation of the student. Students may choose to have their records provided to a parent, or other third party, on a one-time or one-year basis by completing the student Release of Academic Information form.

Health or Safety Emergency

In addition, the school is allowed to disclose without the student consent education records, including personally identifiable information from those records if the college determines that there is a articulable and significant threat to the health or safety of a student or other individuals, but only to those persons whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. A record of the threat and the information disclosed will become part of the student's record. At such times, records and information may be released to appropriate parties such as law enforcement officials, public health officials, parents and trained medical personnel. This exception to FERPA’s general consent rule is limited to the period of the emergency, and generally does not allow for a blanket release of personally identifiable information.

Disciplinary Records

While student disciplinary records are protected as education records under FERPA, there are certain circumstances in which disciplinary records may be disclosed without the student’s consent. A postsecondary institution may disclose to an alleged victim of any crime of violence or non-forcible sex offense the final results of a disciplinary proceeding conducted by the institution against the alleged perpetrator of that crime. An institution may disclose to anyone the final results of a disciplinary hearing if it determines that the student is an alleged perpetrator of violence or non-forcible sex offense and with respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies.

Law Enforcement Unit Records

Investigative reports and other records created and maintained by the law enforcement units are not considered to be education records subject to FERPA. Accordingly, institutions may disclose information from law enforcement unit records to anyone, including outside law enforcement authorities, without student consent. The Daytona State Campus Safety Office is responsible for referring potential or alleged violations of law to local police authorities.

The college may not require the accuser to execute a non-disclosure agreement or otherwise interfere with re-disclosure of information about alleged sex offenses released under the Clery Act.

The college may disclose information received under a community notification program about a student who is required to register as a sex offender.

Directory Information

Directory information can be released to the public without the student’s consent following specific request procedures. Directory information will not be released if the student had requested in writing to keep their information confidential. At any time the student can complete a form in the Records Office to mark their records as confidential.

The Daytona State College directory information includes:

  1. Student name and city of residence
  2. Student college sponsored email address
  3. Date of birth
  4. Enrollment status
  5. Major and fields of study
  6. Participation in college recognized activities and athletics
  7. Dates of attendance
  8. Degrees and awards received
  9. Most recent educational institution attended
  10. Photograph and height/weight of athletic team members

The college reserves the right to provide additional information, such as street address and telephone number, where there is a signed articulation agreement with another postsecondary institution for purposes of recruiting students, and in cases that are superseded by the Solomon Amendment giving military recruiters access to student recruiting information. Any other information is considered to be personally identifiable information and cannot be released to a third party, including parents, without the student’s written consent.

Directory Requests

The procedure to request Daytona State College directory information is indicated below. Directory information requests are not recorded in individual student records.

  1. The college participates with the National Student Clearinghouse to provide electronic requests for confirmation of individual academic degrees, academic awards/honors, dates of attendance by employers and colleges, and confirmation of enrollment status. The website is www.degreeverify.com; email is service@studentclearinghouse.org; phone is 703-742-4200; and the fax is 703-742-4239.
  2. Requests for additional information or for other purposes must be made in writing on the letterhead of the company, agency or school requesting the information.
  3. If the request is being made by an individual, it must indicate the name, address and phone number of the requestor and the reason for the request.
  4. Requests for the entire student directory, requests from any military sources under the Solomon Amendment, or requests for a “class” of students, such as all students in any one major, should be directed to the Records Office.

Student Access to Educational Records

Schools are required by FERPA to:

  1. Provide a student with an opportunity to inspect and review his or her education records within 45 days of the receipt of the request.
  2. Provide the student copies of education records or otherwise make records available to the student if the student, for instance, lives outside of commuting distance of the school.
  3. Redact the names and other personally identifiable information about other students that may be included in the student’s education records.

Amendment of Education Records

Under FERPA a school must:

  1. Consider a request from a student to amend inaccurate or misleading information in the student’s education records.
  2. Offer the student a hearing on the matter if it decides not to amend the records in accordance with the request.
  3. Offer the student a right to place a statement to be kept and disclosed with the record if as a result of the hearing the school decides not to amend the record.

A school is not required to consider requests for amendment under FERPA that:

  1. Seek to change a grade or disciplinary record.
  2. Seek to change the opinions or reflections of a school official or other person reflected in an education record.

Students have 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

Questions about the administration of FERPA at Daytona State College and the release or amendment of any student record should be addressed to the Associate Vice President of Enrollment and Student Development. 

Last Updated: 7/17/13