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Student Data Privacy

Policy 05.03

POLICY STATEMENT

Hennepin Technical College will comply with government date practices laws as they relate to student educational records.

IMPLEMENTATION PROCEDURE

General Purpose and Responsibilities
State law classifies all data, other than directory or summary information, maintained by the college which relates to a student as private data. This data may not be disclosed to parties other than a student without written consent except pursuant to a valid court order or certain state statutes authorizing access and the provisions of 20 U. S. C. Sec. 1232g. The college shall prepare and provide summary data in the manner specified in Minn. Stat. 13.05, subd. 7 and 2 MCAR, Section 1.207.

Data Practices - Definitions

A. Directory Information
"Directory information" includes the following information relating to a student: the student's name, dates of enrollment and/or registration, major field of study, degree, diploma and awards, and special student recognition/achievements. Directory information does not include identifying data which references religion, race, color, social position or nationality.

B. Education Records

“Education Records” means those records which:

are directly related to a student, and

are maintained by the college.

The term does not include:

records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which:

are in the sole possession of the maker thereof;

are destroyed at the end of the school year; and

are not accessible or revealed to any other individual except a substitute. For the purpose of this definition, a substitute means an individual who performs on a temporary basis the duties of the individual who made the record, and does not refer to an individual who permanently succeeds the maker of the record in his or her position.

Records relating to an individual, including a student, who is employed by the college which:

are made and maintained in the normal course of business;

relate exclusively to the individual in that individual's capacity as an employee; and

are not available for use for any other purpose.

Alumni records which contain only information relating to a person after that person is no longer a student in the college and which do not relate to the person as a student.

C. Student
“Student" means a student, including a post high school option student, who is enrolled in an institution of post-high school education. It does not include secondary students

who are enrolled in programs at the college through Intermediate District #287.

D. Legitimate Educational Interest
"Legitimate educational interest" includes interests directly related to classroom instruction, teaching, student achievement and progress, discipline of a student, and student health and welfare. It includes a person's need to know in order to:

perform an administrative task required in the school employee's contract or position description approved by the school board;
perform a supervisory or instructional task directly related to the student's education; and
perform a service or benefit for the student such as health care, counseling, student job placement, or student financial aid.

E. Personally Identifiable
"Personally identifiable" means that the data or information includes:

the name of a student,
the address of the student,
a personal identifier, such as the student's social security number or student number,
a list of personal characteristics which would make the student's identity easily traceable, or
other information which would make the student's identity easily traceable.

F. Private Data
"Private data" is all data other than directory or summary information that is maintained by the college and relates to a student.

G. Record
"Record" means any information or data recorded in any medium including, but not limited to: handwriting, print, tapes, film, microfilm, and microfiche.

H. Responsible authority
"Responsible authority" means the president of the college.

I. Student
"Student" includes any individual with respect to whom the college maintains education records.

J. Summary Data
"Summary data" means statistical records and reports derived from data on individuals, but in which individuals are not identified and from which neither their identities nor any other characteristic that could uniquely identify an individual is ascertainable.

Responsible Authority
The person within Hennepin Technical College who is responsible for ensuring that records on students are maintained in compliance with the procedures outlined in this document and in compliance with current federal and state guidelines is the Responsible Authority (RA). The Responsible Authority is the president. The RA shall designate a Responsible Designee (RD) at each campus or program site to insure that student records are maintained according to this procedure.

Notification of Rights
The following statement will be included with information given to students at the time of enrollment and will be published quarterly in the course schedule and campus newsletters:

Hennepin Technical College, in compliance with federal and state laws, protects the privacy of student records. Students, and in some cases their parents or guardian, have a right to inspect their records and, upon written request, may review their records with a school representative to interpret the contents. The following information has been designated as "directory information" and, as such, is available to the general public: student name, address, duties of enrollment and/or registration, major field of study, degree, diploma and awards, telephone number, most recent previous school attended, date of birth, and level of education. To prevent the release of any or all of this information, students should contact the Registrar’s Office within two weeks of the student's enrollment date. Copies of the college’s policy on data collection and confidentiality are available from the Registrar’s Office.

Statement of Rights
Students asked to supply private or confidential data shall be informed of the following:

the purpose and intended use of the data,
whether they may refuse or are legally required to supply the requested data,
any known consequences arising from supplying or refusing to supply private or confidential data,
the identity of other persons or entities authorized by state or federal law to receive the data, and
that failure to supply information needed by school officials may result in services not being provided.

Students have the right to:

inspect and review the student's education record,
exercise a limited control over others access to the student's education record,
seek to correct the student's education record--in a hearing if necessary,
report violations of the federal law to the Department of Education, and
be informed about rights under the law.

Individuals may copy materials and challenge or question records by contacting the Registrar’s Office. Records will not be released to other persons without permission from the student when appropriate except to those officials or agencies with specific legal authorization.

Types of Student Records
All information which is to be incorporated into the student records must be written in sole reference to that student and shall not contain the name or any identifying information of any other student.

A. Student Records

A student record may contain, but is not limited to the following:

review and disclosure card (REQUIRED),
application and enrollment information,
emergency health card,
cumulative record/transcript, or
financial aid information.

B. Instructor/Counselor Confidential Files
These files are maintained by and in the possession of the instructor or counselor who generates the material recorded therein. These materials are not to be revealed to any other individuals except a substitute instructor/counselor and may not be passed on to another instructor/counselor who permanently takes the place of the originating instructor/counselor. The material within such files must be destroyed at the end of the school year or the student’s enrollment (whichever is larger) or incorporated into the student file.

C. Computer Stored Data
The college computer system stores data on students which would be considered "directory," "summary," and "private."

Inspection or Review
Information contained within the student record may be inspected or reviewed only by:

eligible students.
college officials and other college personnel who are involved with the student's educational program (including assessment and planning) and have a legitimate educational interest in the student's records,
federal or state officials engaged in the audit or evaluation of the educational program and/or enforcement of compliance with the legal requirements related to such programs, and
appropriate individuals dealing with a serious health or safety emergency involving the student. Only the information necessary to protect the health or safety of the student or other individuals is to be disclosed.

All individuals reviewing the student's record, except eligible college faculty of HTC, must note their review (including date, purpose, and materials reviewed) in writing on the "Review Section" of the "Record of Review and Disclosure" card which is kept in the student record.

Requests to review a student's record should be made in writing and sent to the Responsible Designee who directs the appropriate faculty person to record the request on the Record of Review and Disclosure. All requests are to be handled in a prompt and efficient manner. The RD is to make arrangements for the review to take place within five school days from receipt of the request if immediate compliance is not possible. The RD should review the record in advance to ensure that all material contained in the record is current, accurate, and complete.

The Responsible Designee will direct an appropriate faculty person to be present at the time of the review to interpret and explain the material as well as to ensure the safekeeping of all material within the record.

Once the record has been reviewed by a student, the college is not required to comply with a request for review from the same individual for a six month period unless the material has been disputed, added to, or changed. However, the request can be honored if the RD deems it appropriate.

If the RD determines that the person requesting review of the record does not legally have access to the record, the RD is to inform the requesting party of this decision verbally and in writing within five school days.

Release of Information From Student Records Through Duplication
Information in the form of copies may be released from the record only in the following cases:

the release is directly to the student who has access to the records, or
the student has signed a college release of information to the designated third party. This signed release is maintained as a permanent part of the student's record. A copy of the release should be included with the released material, and a copy should be given to the student.

The Release of Information must be:

written,

dated,

specific in designating the particular persons or agencies the data subject authorizing to disclose information about him or her,

specific as to the nature of the information the subject is authorizing to be disclosed,

specific as to the persons or agencies to whom the subject is authorizing information to be disclosed,

specific as to the purpose or purposes for which the information may be used by any of the parties named in #5--both at the time of the disclosure and at any time in the future,

specific as to its expiration date for the consent which should be within a reasonable period of time, and

signed by parent or eligible student.

The information released is for the purpose of determining eligibility and/or terms of financial aid for which the student has applied. Only that information which is necessary and pertinent to the determination may be released without written consent.
Information may be released without written consent to comply with a judicial order or subpoena.

All material housed within the student's record is eligible for release. Discretion should be exercised in determining that only the information requested by student or that which is pertinent and relevant to the purposes of the release be disclosed.

Copies of material from student records may be either hand delivered or sent by mail.

Request to Amend Education Records
The student who believes that information contained in the education records of the student is inaccurate, misleading, incomplete or violates the privacy or other rights of the student may request that the college amend them.

The request shall be in writing, shall identify the information the requestor believes to be inaccurate, misleading, incomplete or in violation of the privacy or other rights of the student, shall state the reasons for this belief, and shall specify the correction the requestor wishes the college to make. The request shall be signed and dated by the requestor.

The responsible designee shall decide whether to amend the education records of the student in accordance with the request within thirty (30) days of receipt of the request.

If the responsible designee decides to amend the education records, the college shall attempt to notify past recipients of the data, including recipients named by the requestor.

If the responsible designee decides to refuse to amend the education records of the student in accordance with the request, the responsible designee shall inform the student of the refusal. The responsible designee shall also advise the student of the right to appeal a determination which relates to the accuracy or completeness of the records pursuant to Minn. Stat. Chapter 14, or to the right to a hearing.

Right to Hearing
If the Responsible Authority refuses to amend the education record of a student, the college shall, on request, provide an opportunity for a hearing to challenge the content of a student's education record. The hearing shall be conducted in accordance with procedures described under Conduct of Hearing.

If, as a result of the hearing, the college decides that the information is inaccurate, misleading, incomplete or otherwise in violation of the privacy or other rights of the student, it shall amend the education records of the student accordingly, so inform the student in writing, and attempt to so notify past recipients of the data.

If, as a result of the hearing, the college decides that the information is not inaccurate, misleading, incomplete or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place in the education records of the student a statement commenting upon the information in the education records and setting forth any reasons for disagreeing with the decision of the college.

Any explanation placed in the education records of the student as described in the previous paragraph of this section shall:

be maintained by the college as part of the education records of the student as long as the record or contested portion thereof is maintained by the college; and
if the education records of the student or the contested portion thereof is disclosed by the college to any party, the explanation shall be disclosed to that party.

Conduct of Hearing
The hearing shall be held within forty-five (45) days after the college has received the request. The student shall be given notice of the date, place, and time reasonably in advance of the hearing.

The hearing may be conducted by any party approved by the college, including an official or employee of the college who does not have a direct interest in the outcome of the hearing. A MnSCU attorney may be in attendance to present the college’s position and advise the designated hearing officer on legal and evidentiary matters.

The student shall be afforded a full and fair opportunity for a hearing to present evidence relevant to the issues raised under Request to Amend Education Records and may be assisted by individuals of his or her choice at his or her own expense, including an attorney.

The designated hearing officer shall make a decision in writing within thirty (30) days after the conclusion of the hearing. The decision shall be based solely on evidence presented at the hearing and shall include a summary of evidence and reasons for the decision.

The decision of the designated hearing officer shall be served upon each party and shall be the final decision of the college.

Appeal
The decision of the responsible authority or the hearing officer, as it relates to questions of accuracy and completeness of records, may be appealed in accordance with the applicable provisions of the Minnesota Administrative Procedure Act relating to contested cases as specified in Minn. Stat., Chapter 14. To the extent that a record is alleged to be misleading or to violate the privacy or other rights of a student in violation of the federal law and regulations, an appeal is not authorized under state or federal law. A complaint may be filed under federal law in the manner provided in paragraph Complaints for Non-Compliance.

Complaints for Non-compliance
Complaints regarding alleged violations of rights accorded students by 20 U.S.C. Sec. 1232g shall be submitted in writing to the Family Educational Rights and Privacy Act Office, Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.

Destruction and Retention of Records
The destruction and retention of records by the college shall be controlled by state and federal law and is the responsibility of the RD.

Contact HTC at 952-995-1300 or info@hennepintech.edu