Data Privacy
FDLTCC accumulates personal information on each of the students enrolled. This information is needed for purposes of student guidance and educational planning. In providing the college with this information, the student is assured:
1. Except as allowed by law, only authorized college personnel will have access to or use of the information.
2. The Vice President of Administration and Student Affairs is responsible for the confidentiality and security of the information.
3. Student records are official records, property of FDLTCC, and will remain within the college, subject to the provisions of this policy.
The Family Educational Rights and Privacy Act (FERPA), as amended, sets out requirements designated to protect the privacy of parents and students. In brief, the statute provides that the institution must, with some exceptions, provide students access to records directly related to the student. Procedures must allow an opportunity for a hearing to challenge such records on the alleged grounds that they are inaccurate, misleading, or otherwise inappropriate. The college must obtain, on the college approved consent form, before releasing personally identifiable data about students except where the law allows the release of information without a student’s consent. FERPA also grants parents and students the right to file a complaint with the U.S. Department of Education concerning alleged failure of an institution to comply with FERPA. When a student has attained 18 years of age, or is attending an institution of post-secondary education, the permission or consent required and the rights accorded to the parents of the student thereafter are only required of and accorded to the student.
In addition to the federal provisions, the Minnesota Government Data Practices Act provides that individuals on whom data is collected have a right to know the purposes for which data is collected and used and the consequences arising from their supplying or refusing to supply data. The policies and procedures of FDLTCC which deal with both
FERPA and the Minnesota Government Data Practices Act are found in this policy.



Classification of Data
The term ‘student’ includes a person currently or formerly enrolled, or registered, as well as applicants for admission.
Data on students is, in general, all data collected in which any individual is or can be identified. By statute, data on students is termed “educational data.” Records of instructional personnel which are in the sole possession of the maker, are not accessible or revealed to any other individual except a substitute teacher or administrator, are destroyed at the end of the school year, and are not government or educational data.
Records relating to a student as an employee shall be subject to personnel policies rather than student data privacy policies. The three classifications for data on students are public, confidential, and private.

Public
This data is accessible to any member of the public for any reason. It includes:
1. Statistical studies on students where individuals cannot be identified, including follow-up, profiles, enrollments, and financial aid.
2. Student performance records for which the performance is public, such as athletic
statistics.
3. Directory information may be developed as requested by the student government.

The following information has been designated as directory information. It is considered
public data. Students have the right to refuse to allow the College to designate any or all
of this information as directory. To exercise this right a student must file a written request
with the Vice President of Administration and Student Affairs.
1. Student name
2. Student honors and awards
3. Address
4. Telephone
5. Email address
6. Photograph
7. Date and place of birth
8. Program/major field of study
9. Dates of attendance
10. Grade level
11. Enrollment Status: Part-time or full-time
12. Sports participation data

Confidential
This data is not accessible to the public or to the subject of the data. It is accessible only
to individuals or agencies authorized by law to gain access. Confidential data includes the
following:
1. Investigation information collected for purposes of active or pending legal action.
2. Investigation information collected for purposes of anticipated suspension or
expulsion or other discipline of students.
3. Legal counsel.

Private Data
This data is accessible to the subject of the data and as outlined below. A request to access data should be made to the Vice President of Administration and Student Affairs.
Private data shall be collected, stored, used, and disclosed only as follows:
1. To the student who is subject of the data. Financial records of a student’s parents are
not accessible to the student, but are accessible to the parents.
2. To the officials of other schools, upon request of the student.
3. To any person or agency if the student has given informed consent. Informed consent
requires the signing of a statement that (a) is in plain language, (b) is dated, (c)
indicates who shall release and who shall receive the information, (d) specifies the
nature of the data, (e) specifies the purposes for which information may be used, and
(f ) indicates the expiration date, usually not to exceed one year.
4. To college personnel and system office board personal who have legitimate
educational interests.
5. In connection with a student’s application for, or receipt of, financial aid.

6. To federal or state authorities in connection with the audit and evaluation education
programs.
7. To state and local officials, as required by law.
8. For other purposes stated to the student at the time of collection.
9. To accrediting organizations in order to carry out their accrediting functions.
10. To organizations conducting studies for, or on behalf of, educational agencies or
institutions for the purpose of (a) developing, validating, or administering predictive
tests, (b) administering student aid programs, or (c) improving instruction. These
studies must be conducted in such a manner as will not permit the personal
identification of students by persons other than representatives of such organizations.
The information shall be destroyed when no longer needed for the study’s purpose.
11. To the appropriate persons, if the knowledge of such information is necessary to
protect the health or safety of the student or other persons in an emergency situation.
12. On the basis of a valid court order, or a lawfully issued subpoena, students must in
some cases be notified of such orders or subpoenas in advance of the compliance by
the college.
13. To appropriate health authorities, but only to the extent necessary to administer
immunization programs.
14. As otherwise allowed by law.

Rights of Students regarding Records Data
1. Students asked to supply private or confidential data concerning themselves shall be
informed of the following:
  1. The purpose and intended use of data.
  2. Whether one may refuse or is legally required to supply the requested data.
  3. Any known consequences arising from supplying or refusing to supply private or
    confidential data.
  4. The identity of other persons or entities authorized by state or federal law to
    receive the data.

2. Students also have the following rights:

  1. To be informed whether the college maintains any data on that student and what
    the classification of that data is. This includes confidential data.
  2. The right to inspect and receive copies of private or public data on self. This
    agency may charge a fee to cover the actual costs involved in providing copies.
  3. The right to be informed as to what is classified as directory information, and on
    written request, have any or all of it treated as private data and not directory
    information.
  4. The right to contest, in writing, the accuracy or completeness of public or private
    data. A request to amend or delete data should be made to the Vice President of
    Administration and Student Affairs. The college shall, within 30 days, either
    correct the data found to be in error, or notify the student that the college believes
    the data to be correct. If data is found to be incorrect, the college shall attempt to
    notify past recipients. The student may appeal an adverse determination of the
    college through the provisions of the Administrative Procedures Act relating to
    contested cases.


Record of Requests and Disclosures
The college shall list within the educational records of each student the parties who have
requested or obtained access to a student’s education records, and the legitimate interests
these parties had in obtaining this information.
These requirements do not apply to requests by or disclosures to school officials who have been determined to have legitimate educational interests. School officials include any officer, employee, or agent of the College or the Minnesota State Colleges and Universities System Office, and any member or agent of the Board of Trustees of the Minnesota State Colleges and Universities. An individual will be considered to have a “legitimate educational interest” in an education record when access to the record is necessary for the individual to carry out an authorized College, System Office or Board function.

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