Federal Education Rights and Privacy Act (FERPA)
In accordance with the Family Education Rights and Privacy Act (Sec. 513 of P.L. 93- 380, Education Amendments of 1974, which amends the General Education Provisions Act Sec. 438), postsecondary students attending Delgado Community College have access to their official records as follows:
- The right to inspect and review the student’s education records.
- The right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the Act and the regulations authorize disclosure without consent.
- The right to file with the U.S. Department of Education a complaint concerning alleged failures by the institution to comply with the requirements of the Act and the regulations.
- The right to obtain a copy of the institution’s student record policy.
Under this Act, Delgado Community College assumes that all students are independent. Parents of dependent students must prove such dependence through the presentation of the latest 1040 form filed with the IRS before they will be granted access to any student record of their dependent. The Act provides that certain information, designated as directory information, concerning the student may be released by the College unless the student has informed the College that such information should not be released.
Directory information includes the student’s name, address, telephone number, e-mail address, date and place of birth, date of enrollment, division in which enrolled, full or part-time status, classification, major, degree(s) earned, awards, participation in officially recognized activities and sports, weight and height (of members of athletic teams), and the most recent previous educational agency or institution attended. A student who desires that any or all of the above listed information not be released must notify the Office of the Registrar.
Requests for further information should be made to the Office of the Registrar.
Solomon Amendment and FERPA
The Solomon Amendment (10 U.S.C. § 983) is a federal law that allows military recruiters to access some address, biographical and academic program information on students age 17 and older who have not filed any FERPA restrictions.
The Department of Education has determined the Solomon Amendment supersedes most elements of FERPA. An institution is therefore obligated to release data included in the list of “student recruiting information,” which may or may not match Delgado’s FERPA directory definition list. However, if the student has submitted a Request to Prevent or Allow Disclosure of Directory Information form through the Registrar’s Office to restrict the release of their Directory Information, then no information from the student’s education record will be released as specified in the Solomon Amendment.
The following is a list of information that may be released to military recruiters pursuant to the Solomon Amendment:
4. Age or date of birth,
5. Place of birth
6. Level of education,
7. Academic major,
8. Degrees received,
9. Educational institution in which the student was most recently enrolled.
Procedure for releasing information to military recruiter:
- Under the Solomon amendment, information will be released for military recruitment purposes only. The military recruiters may request student recruitment information once each term or semester for each of the 12 eligible units within the five branches of the service:
a. Army, Army Reserve, Army National Guard
b. Navy, Navy Reserve
c. Marine Corps, Marine Corps Reserve
d. Air Force, Air Force Reserve, Air Force National Guard
e. Coast Guard, Coast Guard Reserve
- The request must be submitted in writing on letterhead clearly identifying the unit of service requesting the student recruitment information to email@example.com.
- The request should specify whether the information needed is for the current or previous semester.
Requested information will be provided in an Excel file as an e-mail attachment.