Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of educational records.  FERPA applies to all institutions receiving funding under programs administered by the U.S. Department of Education. Virginia Peninsula Community College (the College) is committed to maintaining the accuracy and confidentiality of students’ educational records in compliance with FERPA and other College, State, and Federal regulations. 

All requests for official student information should be referred to the College Registrar.

Student Rights Under FERPA

1. The right to inspect and review the educational records within 45 days after the day the College receives a request for access.

A student should submit a written request that identifies the record(s) the student wishes to inspect to the College Registrar. If the records are not maintained in Enrollment Management, the student will be advised of the correct official to whom the request should be addressed. Appropriate arrangements will be made for students who are no longer in the area.

2. The right to request the amendment of the student's educational records the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.

A student requesting an amendment to their educational record should write to the College Registrar, clearly identify the part of the record the student wants changed and specify why it should be changed. Supporting documentation for the change should accompany the request.

If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing re­garding the request for amendment.  Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

3. The right to provide written consent before the College discloses personally identifiable information (PII) from the student's educational records, except to the extent that FERPA authorizes disclosure without ­consent.

The College discloses educational records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law en­forcement unit personnel); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance com­mittee. A school official may include a volunteer or contractor outside of the College who performs an institutional service who is under the direct control of the school with respect to the use and maintenance of PII from educational records.

Directory information which may be released upon request without the student’s express written consent includes:

• Student’s Name
• Participation in officially recognized activities and sports
• Degrees, honors, and awards received
• Enrollment Status
• Major program of study
• Dates of attendance
• The most recent educational agency or institution attended

Students have the right to opt-out of the disclosure of directory information, the student should submit the request in writing to the College Registrar or manage their FERPA restrictions accessible in MyVPCC. The restriction of directory information may limit access to other services. For example, if you are a loan recipient, your attendance at the College may not be reported to lenders.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA.

Disclosures Permitted Without Student Consent

FERPA permits the disclosure of personally identifiable information (PII) from students’ education records, without the consent of the student, if the disclosure meets certain conditions.

Virginia Peninsula Community College may disclose personal identifiable information under the following conditions:

1. To school officials with legitimate educational interests. A school official is a  person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel and health staff); a person or company with whom the College has contracted to perform an institutional service or function; a person serving on the college’s board of trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or assisting another school official in performing their tasks. A school official must have a legitimate educational need to review an educational record to fulfill a professional responsibility.
2. To officials of another higher education institution where the student seeks or intends to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
3. To parents of an eligible student if the student is a dependent per the Internal Revenue Services (IRS) definition. Current year proof of dependency is required.
4. The College complies with the Solomon Amendment federal law which provides military branches access to student contact and program study information for recruiting purposes.
5. Provided certain conditions are met that are not included in the summary below, other exceptions to FERPA’s general consent requirement that permit the disclosure of PII from education records include, but are not limited to:

• To authorized representatives of, among others the U.S. Secretary of Education, as well as State and local educational authorities, for audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
• In connection with financial aid for which the student has applied or received.
• To organizations conducting studies for, or on behalf of, the school for the purposes of administering predictive tests, administering student aid programs, or improving instruction.
• To appropriate officials in connections with a health or safety emergency.
• To the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense concerning the final results of a disciplinary hearing conducted by an institution of postsecondary education against the alleged perpetrator of such crime or offense with respect to the alleged crime or offense.
• To any third party the final results, as described in FERPA regulations, of a disciplinary proceeding conducted by an institution of postsecondary education against a student who is the alleged perpetrator of a crime of violence or non-forcible sex offense if the student is found by the institution to have violated its rules or policies as a result of the disciplinary proceeding, as long as the disclosure does not include the name of any other student, including a victim or witness, without the written consent of that other student.
• To comply with a judicial order or a lawfully issued subpoena.
• In connection with a health or safety emergency.
• To a parent of a student at an institution of postsecondary education regarding the student’s violation of any Federal, State, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, where the institution determines that the student has committed a disciplinary violation with respect to that use or possession, and the student is under 21 years of age at the time of the disclosure to the parent.

Students may restrict disclosure of directory information by officially notifying Enrollment Management that such directory information should remain confidential. Notification must be submitted prior to the end of the first week of classes.

Prohibited Disclosures

In accordance with Va. Code Section 23.1-405 (C), the College shall not disclose the address, telephone number, or email address of a student unless the student has consented in writing to such disclosure.

The College shall not disclose the address, telephone number, or email address of a student as directory information or pursuant to a Freedom of Information Act (FOIA) request without the prior written consent of the student, unless the disclosure is to students enrolled in the college for educational purposes or institution business and the student has not opted out of such disclosure.