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 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 and are not accessible or revealed to any other individual, and 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 duties.
- 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 office; or a person assisting another school official in performing 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 irrespective of age.
Student Rights Under FERPA and MGDPA
- 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.
- 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.
- 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 Privacy Coordinator. 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.
- A student has a right to file a complaint with the United States Department of Education if he or she believes that Anoka Technical College is not meeting the requirements of the federal law. Written complaints should be sent to: Family Policy Compliance Office, U.S. Dept. of Education, 400 Maryland Ave. SW, Washington, D.C. 20202-5920.
Consent for Release:
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.
Release 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 another educational agency or institution, where a student is enrolled and/or receiving services, while also enrolled or receiving services at Anoka Technical College.
- To officials of another school in a student seeks or intends to enroll.
- To the public, Anoka Technical College has the authority to release information classified as directory information without authorization unless a restriction has been placed.
Directory information includes the following:
- Name
- Major field of study
- Enrollment status (full-time/part-time)
- Dates of enrollment or graduation
- Degrees, honors and awards received
- Participation in officially recognized activities and programs
- Anoka Technical College (ATC) has chosen to adopt a limited directory policy as allowed by FERPA. This means ATC will limit to whom, and the purposes for which the following data are disclosed. ATC will not provide a student’s limited directory data to outside parties intending to use the information for strictly commercial marketing purposes, nor will ATC knowingly make the information readily available to potential identity predators. Limited directory data is included in a global address list or directory (i.e. the Microsoft Office Address Book) accessible to Minnesota State students and employees. FERPA also permits exceptions by which ATC may use this data such as including a student’s email address in on-site or online classes.
Limited Directory Data includes:
- Mailing address
- College-issued and personal email addresses
- Star ID
- Student worker information (pay rate, dates, assignments)
- Photographs, for use in college-produced public relations and marketing approved by the Chief Marketing & Communications Officer, and for security purposes approved by the Director of Public Safety.
Notwithstanding any other provision of this policy, the following information is defined as Limited Directory Data for purposes of sharing with LeadMN so the association can communicate with their members: Student name, email address, and Student Change Code (NEW/RTN/DROP).
In addition, a student’s current mailing address may be provided to county auditors for use in election day registration.
Note: A student may direct that any or all of the directory information be withheld from public disclosure by notifying the Records Office in writing. Students who request that directory data 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: Robert Perez
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
04.2024 Addition of limited use of mailing address for election-day purposes, shift of photographs to “limited directory data.”