Washington Administrative Code › Title 132U - Whatcom Community College › Chapter 132U-280 - Family Educational Rights and Privacy Act › Section 132U-280-030 - Release of education records

Current through Register Vol. 24-14, July 15, 2024
(1) The college shall not permit access to or
			 release of education records or personally identifiable information contained
			 therein, without the written consent of the student, to any party other than
			 the student.
(2) The college may
			 permit access or release of education records, without student consent, under
			 the following conditions:
(a) College
			 officials, when the information is required for a legitimate educational
			 interest within the performance of their responsibilities to the college, with
			 the understanding that its use will be strictly limited to the performance of
			 those responsibilities. College officials will be defined by college policy and
			 made public through the college's annual Notification of Student Rights under
			 FERPA, which will be published in the college catalog and on the college's
			 public web site.
(b) Federal and
			 state officials requiring access to education records in connection with the
			 audit and evaluation or a federally or state-supported education program or in
			 connection with the enforcement of the federal or state legal requirements
			 which relate to such programs. In such cases the information required shall be
			 protected by the federal or state official in a manner which will not permit
			 the personal identification of students and their parents to other than those
			 officials and such personally identifiable data shall be destroyed when no
			 longer needed for such audit, evaluation or enforcement of legal
			 requirements.
(c) Agency officials
			 requesting information in connection with a student's application for, or
			 receipt of financial aid, if the information is necessary to determine
			 eligibility, amount or conditions of aid, or to enforce the terms and
			 conditions of aid.
(d)
			 Organizations conducting studies for or on behalf of the college for purposes
			 of developing, validating or administering predictive tests, administering
			 student aid programs, and improving instruction, if such studies are conducted
			 in such a manner as will not permit the personal identification of students by
			 persons other than representatives of such organizations, and such information
			 will be destroyed when no longer needed for the purposes for which it was
			 provided.
(e) Accrediting
			 organizations in order to carry out their accrediting functions.
(f) Any person or entity designated by
			 judicial order or lawfully issued subpoena or court order, upon condition that
			 the student is notified of all such subpoenas or court orders in advance of the
			 compliance therewith; except for subpoenas or court orders that specifically
			 direct the college not to disclose the existence or contents of the subpoena or
			 court order. Any college individual(s) or department(s) receiving a subpoena or
			 court order for education records should immediately notify the college
			 registrar who will contact the college's assigned attorney general for
			 assistance.
(g) Certain items of
			 personally identifiable information, commonly referred to as "directory"
			 information, to parties who demonstrate a legitimate educational interest, as
			 determined by the college. Directory information will be defined by college
			 policy and made public through the college's annual Notification of Student
			 Rights under FERPA, which will be published in the college catalog and on the
			 college's public web site.
(h)
			 Officials from the U.S. Department of Defense for the purpose of military
			 recruiting, as authorized under  32 C.F.R. Part 216  (Solomon Amendment), which
			 requires the college to provide "student recruitment directory information"
			 regarding students at least seventeen years of age who are registered for at
			 least one credit. Students who have formally requested the college withhold
			 "directory information" are excluded.
(i) Any other officials with legitimate
			 educational interest as authorized under C.F.R. 99.31 and identified via the
			 annual Notification of Student Rights under FERPA, which is published in the
			 college catalog and on the college public web site.