catalog.sunybroome.eduSUNY Broome Community College - Acalog ACMS™

Javascript is currently not supported, or is disabled byeducation programs), or state and local educational authorities. Campuses should record the names of State and local educational authorities, federal officials and agencies that may make further disclosures of the information provided them without consent and shall obtain a copy of records of further disclosure when requested by the parent or student involved; D. To school officials or lending institutions, in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: determine eligibility for the aid; determine the amount of the aid; determine the conditions for the aid; or enforce the terms and conditions of the aid; E. State and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to a state statute adopted prior to Nov. 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system’s ability to effectively serve the student whose records are released; or information that is allowed to be reported pursuant to a State statute adopted after November 19, 1974, which concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released (nothing in the paragraph shall prevent the State of New York from further limiting the number or type of state or local officials who will continue to have access); F. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose 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 and their parents by persons other than representatives of such organizations that have legitimate interests in the information; such information will be destroyed when no longer needed for the purpose for which it is conducted and there is a written agreement between the campus and the organization; G. Accrediting organizations in order to carry out their accrediting functions; H. Parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954 ; (While FERPA permits campuses to release education records to parents of dependent students without student consent, it does not require them to do so. The parent must provide a copy of their most recent federal income tax return establishing the student’s dependency or the campus can rely on the student’s assertion of dependency for tax purposes on a form provided by the campus. Full rights under the Act shall be given to either parent, unless the University has been provided with evidence that there is a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights). I. To appropriate persons, including parents, in connection with an emergency, if the knowledge of such information is necessary to protect the health, or safety of the student or others, taking into account the totality of the circumstances pertaining to the threat to health or safety. The campus may disclose education records if it determines that there is an articulable and significant threat to the health or safety of a student or other persons, but only to those persons whose knowledge of the information is necessary to protect the health or safety of the student or other persons. A record must be kept of the threat and the parties to whom the information was disclosed; J. To comply with a judicial order or lawfully issued subpoena, provided the University makes a reasonable effort to notify the student of the order or subpoena in advance of compliance; (Notification may be prohibited if the University receives a federal grand jury subpoena or any other subpoena, which states that the student should not be notified. The USA Patriot Act amends FERPA to allow designated federal officials to obtain copies of student records relevant to an investigation of terrorism or other crimes, without notifying the student. The Office of University Counsel shall be consulted prior to release of any education records pursuant to subpoena or the USA Patriot Act.) K. To an alleged victim of any crime of violence as that term is defined in Section 16 of Title 18, United States Code, or a non-forcible sex offense, the final results of any disciplinary proceeding conducted by the campus against the alleged perpetrator of that crime or offense with respect to that crime or offense if the University determines as a result of the disciplinary proceeding that the student committed a violation of the University’s rules or policies with respect to such crime or offense (The Office of University Counsel shall be consulted prior to release of the record.); The campus shall not require the alleged victim to execute a non-disclosure agreement as a condition for receipt of this information. (For the purpose of disclosure under this paragraph, the final results of any disciplinary proceeding shall include only the name of the student, the violation committed and any sanction imposed by the campus on that student; and may not include the name of any other student, such as a victim or witness, unless that other student provides written consent permitting such disclosure.) L. The University also has the discretion to disclose to any parent or legal guardian of a student under the age of 21 information about a violation of any federal, state or local law, or any rule or policy of the University governing the use or possession of alcohol or a controlled substance if the campus determines that the student has committed a disciplinary violation with respect to such use or possession; M. To Veterans Administration Officials pursuant to 38 USC 3690 (c) ; N. Information a campus has designated as directory information,” unless a hold has been placed upon release of the information by the student; O. To the court those records that are necessary to defend the University when a student initiates legal action against the institution; P. To the military, directory information as it is presently defined under the Solomon Amendment , even if the institution has not designated such information as directory information in its policy. Directory Information that must be released to the military: student’s name and address; telephone listing; date and place of birth; class level (Freshman, sophomore, etc.); academic major; degrees received; and the educational institution in which the student was most recently enrolled. Information that Institutions are not required to release to the military: Directory information, but only if the student has requested that the University not release such information to anyone; information the institution certifies it does not have; or information not defined as directory information. Q. To the apparent creator of a record to verify authenticity; R. When the disclosure concerns a registered sex offender, including a student, and is information received under a community notification program under 42 USC § 14071. 6. Recordkeeping Requirements Each campus of the University will maintain a record of requests for and/or disclosures of information from a student’s education records. The record will indicate the name of the party making the request and what records, if any, were received, the legitimate interest in the records, any additional part to whom it may be disclosed, and the legitimate interest the additional party had in requesting or obtaining the information. The record may be reviewed by the student. This recordkeeping is not required if the request was from, or the disclosure was to: A. The student; B. A school official determined to have a legitimate educational interest;...