Policies & Procedures

Policy 2.12 Data Practices

The Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act, (MGDPA) Minnesota Statute (Chapter 13), are federal and state laws that provide for the disclosure and privacy of student educational records. In accordance with these and other applicable laws, Anoka Technical College (ATC) has adopted the following policy:

Definitions

· Directory information is information not generally considered harmful or an invasion of privacy if disclosed to the public.

· Educational records are those records directly related to a student and maintained by Anoka Technical College. Records in the sole possession of the maker, that are not accessible or revealed to any other individual, and that are destroyed at the end of the school year, are not deemed educational records.

· Legitimate educational interest is an interest related to pursuits of higher education, conduct or discipline, well-being of the student body, or the overall goals of the school which may include, but are not limited to, teaching, research, advising, counseling, investigations, job placement, financial assistance, medical services, safety, student government, clubs, events, and public service. A school official only has legitimate educational interest if the information is required to fulfill their professional responsibilities.

· Limited Directory Information is information not generally considered to be harmful or an invasion of privacy if disclosed to third parties with a legitimate request.

· Personally Identifiable Information (PII) is data which includes a student’s name or other direct personal identifiers such as the student’s Social Security Number, student number, or biometric identifiers such as fingerprints, DNA, handwriting, or facial characteristics. PII also includes indirect identifiers such as the name of the student’s parent or other family members, the student’s or family’s address, and personal characteristics or other information that would make the student’ identity easily traceable.

· A school official is a person employed by Anoka Technical College in an administrative, supervisory, academic or support staff position; a person or company with whom Anoka Technical College has contracted; a person serving on the Board of Trustees or in the Minnesota State system office; or a person assisting another school official in performing their tasks.

· A student is an individual who is currently enrolled at Anoka Technical College. Those seeking enrollment (prospects and applicants) and former students (alumni) are included in this definition for the purpose of this policy. All students have the same rights regarding their educational data regardless of age.

Student Rights Under FERPA and MGDPA

1. A student has a right to inspect and review their educational records. Requests should be made in writing to the custodial office of such records (Records Office for registration records, Financial Aid Office for financial aid records, etc.). Anoka Technical College will provide access to view educational records within ten days of the student’s request. A student requesting a copy of their educational records will be assessed the cost according to the college fee rates.

2. A student has a right to consent to disclosures of information, which identify them personally, except to the extent that these disclosures are allowed without student consent under state and federal law.

3. A student has the right to request that the custodial office correct educational records, which they believe to be inaccurate or misleading. If the custodial office decides not to amend the record, the student then has the right to petition the amendment of educational records to the Data Practices Compliance Officer. If after the petition review, Anoka Technical College still decides not to amend the record, the student has the right to place a statement within the record setting forth their view about the contested information.

Note: The right to challenge a grade does not apply under this policy unless the grade assigned was allegedly inaccurately recorded.

4. A student has a right to file a complaint online with the US Department of Education if they believe that Anoka Technical College is not meeting the requirements of the federal law.

Consent for Release of Information:

Anoka Technical College will not permit access to or the release of personally identifiable information contained in student educational records without the written consent of the student to any third party, except as authorized by FERPA and MGDPA or other applicable law. A student may grant consent by completing a Consent for Release of Information Form available on the college website.

Release of Information without Consent:

As allowed under FERPA and MGDPA, Anoka Technical College has the right to release student records without consent. Examples of release without consent include:

· To appropriate school officials with a legitimate educational interest.

· To specified officials for audit, accrediting or evaluation purposes.

· To appropriate parties in connection with providing financial aid to a student.

· To appropriate officials in cases of health and safety emergencies.

· To state and local authorities, within a juvenile justice system, pursuant to specific state law.

· To comply with a judicial order or lawfully issued subpoena.

· To military recruiting personnel, under the Solomon Amendment of the National Defense Authorization Act. In addition to directory information, Anoka Technical College must disclose address, telephone number, previous school of enrollment, and date of birth.

· To officials of another school in which a student seeks or intends to enroll, or where the student is already enrolled

Directory Information

Anoka Technical College has the authority to release information classified as directory information to the public without consent unless a restriction has been placed. ATC designates the following as directory information:

o Name

o Major field of study

o Enrollment status (full-time/part-time)

o Dates of enrollment or graduation

o Degrees, honors and awards received

o Participation in officially recognized activities and programs

Limited Directory Information

Anoka Technical College has adopted a limited directory policy. ATC designates the following as limited directory information, which may be released subject to specific limitations on parties, purpose or both, but not available to the general public:

o College-issued email address and Star ID are disclosed for enterprise technology related purposes internal to the Minnesota State system. This includes (but is not limited to) publication in a directory accessible to Minnesota State students and employees.

o College-issued email address and Student Change Code (New/Rtn/Drop) may be disclosed to LeadMN for the purpose of allowing the association to communicate with its members.

o College-issued email address and mailing address may be disclosed to our national honor society, Phi Theta Kappa (PTK) for the purpose of allowing the organization to communicate with potential members.

o For graduates planning to attend the ATC Graduation Ceremony, college-issued email may be disclosed to the graduation photographer for the purpose of providing photo proofs and order information.

o Mailing address may be disclosed to county auditors for the purposes of facilitating voter registration.

Note: A student may direct that their directory information be withheld from public disclosure by submitting a Non-Disclosure form available on the College website. Students who request that directory information be restricted, should be advised that this will remain in effect until the student officially requests in writing to the Records Office that this restriction cease. This restriction will remain in effect after a student graduates or ceases to be enrolled at Anoka Technical College.

For questions concerning your rights, please contact:

Data Practices Compliance Officer: Norma Konschak

Employee Data Privacy Designee: Jay Nelson

Student Data Privacy Designee: Laura Kittelson

Data Security/Breach Designee: Richard Malott

History:

04.2017 Adopted

09.2017 Technical change, name of Student Data Privacy Designee

01.2019 Changes primarily in Limited Directory Information, Legitimate Educational Interest, and Personal Identifiable Information

07.2021 Updated designee information

09.2023 Updated designee information

03.2024 Addition of limited use of mailing address for election-day purposes, shift of photographs to "limited directory data."