Family Educational Rights and Privacy Act (FERPA)

Policy Statement

In accordance with the Family Educational Rights and Privacy Act (FERPA), the Federal law that protects the privacy of student education records, students have certain rights to inspect and review their education records, request that their records be corrected if they believe that they are inaccurate or misleading, and determine what information about their records can be released. Durham Technical Community College reserves the right to disclose directory information without consent.

Procedure

Contact Information
Admissions, Registration, and Records
Phail Wynn, Jr. Student Services Center
Building 10, Main Campus
Rooms 10-201 and 10-202
admissions@durhamtech.edu
919-536-7214, ext. 1800

Please note the following information pertaining to the disclosure of student education records:

• Students have the right to inspect and review their education records maintained by Admissions, Registration, and Records. Durham Technical Community College (Durham Tech) is not required to provide copies of records unless a student is unable to review the records on site due to extenuating circumstances such as the student being a significant distance away from the College or the College being inaccessible due to an emergency. Durham Tech may charge a fee for copies if the provision of the copies requires an extraordinary expenditure of human and/or other resources, or if the same copies were previously provided to the requesting student.
   
• Students have the right to request that Durham Tech correct records which they believe to be inaccurate or misleading. If the College decides not to amend the record, the student may pursue remedy via the Student Grievance procedure. If the College’s decision not to amend the record stands, the student has the right to ask that a statement detailing their view of the contested information be added to the record.
   
• Per 34 CFR § 99.31, Durham Tech may disclose records without consent to the following parties:
  • Members of the College community (e.g., employees, Board of Trustees, Durham Tech Foundation) with legitimate educational interest;
     
  • Colleges to which students have applied for transfer admission;
     
  • Specified officials (e.g., auditors from the North Carolina Community College System (NCCCS) or the Veterans Administration) for audit or evaluation purposes;
     
  • Non-College officials responsible for determining eligibility or administering financial aid for which a student has applied;
     
  • Organizations conducting certain studies for or on behalf of the College;
     
  • Accrediting organizations (e.g., SACSCOC);
     
  • Appropriate officials in cases of health and safety emergencies; and
     
  • State and local authorities, within or working with the juvenile justice system, pursuant to specific State law.
     
• Durham Tech may also disclose records without consent to comply with judicial orders or court-ordered, lawfully issued subpoenas.
   
• Durham Tech may disclose without consent a student’s name, program of study, honors and awards, credentials earned, and participation in officially recognized student clubs or organizations for College marketing and communications purposes (e.g., press releases, event programs, and social media posts).
   
• Durham Tech does not publish or distribute lists of applicants, current students, or graduates for use by off-campus organizations, without the provision of a data-sharing agreement or Memorandum of Understanding (MOU).
   
• Durham Tech does not publish or distribute lists of applicants, current students, or graduates to non-College entities for marketing or solicitation purposes.
   

Students may request that none of their directory information is disclosed by contacting Admissions, Registration, and Records and completing the Request for FERPA Information Disclosure Restriction form within the first six (6) weeks of a term in which they are enrolled. When such a restriction is in effect, any response to inquiries will indicate that the College cannot release information about the student. This directory restriction will remain in effect indefinitely and can only be revoked by written authorization from the student.

Alternatively, students may request that neither directory nor non-directory information is disclosed by contacting Admissions, Registration, and Records and completing the Request for FERPA Information Disclosure Restriction form within the first six (6) weeks of a term in which they are enrolled. As this restriction prohibits Durham Tech from acknowledging or verifying a student’s attendance or existence at the College, this option should only be considered in compelling circumstances. When such a restriction is in effect, any response to inquiries will indicate that the College has no information about the individual. This FERPA restriction will remain in effect indefinitely and can only be revoked by written authorization from the student.

Students may designate individuals to have access to their education records by contacting Admissions, Registration and Records and completing the Consent for Disclosure of Non-Directory Information form.

Definitions

Directory Information – Information that Durham Tech has determined may be shared about a student including the student’s name, ConnectMail address, and current program of study.

Directory Restriction – When a student exercises control over directory information by prohibiting the disclosure of all or specific directory information.

FERPA Restriction – When a student exercises control over directory and non-directory information by prohibiting the disclosure of any or all information related to attendance or existence at the College.

Legitimate Educational Interest – The need to review an education record in the context of official business, when fulfilling job responsibilities relevant to a determination about a student, or in support of a student’s educational interests or the College’s mission. The determination as to whether or not a legitimate educational interest exists may be made by the records custodian on a case-by-case basis.

Memorandum of Understanding (MOU) – An agreement between two parties that is not legally binding, but which outlines the responsibilities of each of the parties to the agreement.

Officially Recognized Student Clubs or Organizations – Student organizations that have been chartered by the Student Government Association in accordance with the Clubs, Organizations, and Activities procedure.

Students – Any individuals, regardless of age, who are currently enrolled in Durham Tech courses, who have active program status, and/or who are currently participating in Durham Tech instructional programs, including Middle College High School, Career and College Promise, and College and Career Readiness programs. Individuals with active program status are those who have been accepted into a program, have taken classes within the program, and have been continuously enrolled at the College since beginning the program.

Student Education Records – All information considered part of students’ permanent records, including but not limited to, directory information, grades, comments recorded in the student information system, and faculty or clinical notes.