To establish guidelines for maintaining the confidentiality of student education records and defining student rights related to educational records under federal law.
Applies to all students who are or have been in attendance/enrolled in any program at CWI.
Directory Information: Information contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed.
Education Records: Those records directly related to a student and maintained by CWI or by a party acting for CWI.
Eligible Student: A student who has reached the age of eighteen (18) or is attending a postsecondary institution.
In Attendance/Enrolled Student: A student who is officially enrolled in at least one (1) course as of the census date of the course.
Legitimate Educational Interest: When a school official needs to access/review an education record in order to fulfill their responsibilities for CWI. Any school official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for CWI has a legitimate educational interest.
School Official: A person employed by CWI in an administrative, supervisory, counseling, faculty, or support staff position; a person or company with whom CWI has contracted as its agent to provide a service instead of using CWI employees or officials (such as an attorney, auditor, external evaluator, medical service provider, law enforcement or security personnel, or collection agent); a person serving on the CWI Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks.
CWI shall follow all applicable state and federal laws, rules, and regulations that apply to student records. CWI shall implement procedures that ensure that student records cannot be accessed, modified, or released by any person not authorized to do so. Eligible students may access education records maintained by CWI.
The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) (“FERPA”), also known as the Buckley Amendment, is a federal law which states (a) that a written institutional policy regarding the privacy of student education records must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education and provides that the institution will maintain the confidentiality of student education records.
FERPA affords eligible students certain rights regarding their educational records. These rights include:
CWI may disclose, without consent, directory information. Eligible students may request that the school not disclose directory information about them by submitting a written request to the Registrar.
Directory Information is defined by CWI as the following:
Information that cannot be released without a student’s written consent includes the following:
CWI shall notify enrolled students annually regarding their rights to privacy and confidentiality under FERPA. CWI shall use the catalog, website, direct email notifications and other methods of communication that are reasonably likely to inform students of their rights.
During a health or safety emergency, FERPA permits CWI school officials to disclose education records without a student’s written consent. When possible, CWI will only disclose designated directory information. However, when necessary to protect the health or safety of students or other individuals, CWI may provide more specific information to appropriate parties such as law enforcement officials, public health officials, and trained medical personnel. A school official may release education records in sufficient time for appropriate parties to act to keep individuals from harm or injury.
This exception is limited to the period of the emergency and generally does not allow for a blanket release of personally identifiable information from a student's education records. In addition, FERPA permits CWI to disclose information from education records to parents if a health or safety emergency involves their son or daughter. See 34 CFR § 99.31(a)(10) and § 99.36.
Each office of CWI that maintains educational records must include within each student’s file, for as long as the file is maintained: (i) a record of all third parties who have requested or received personally identifiable information from a student’s educational record pursuant to FERPA; and (ii) the legitimate interest of the party in requesting or obtaining the information.
The CWI Registrar’s Office follows State of Idaho Records Retention Schedules for Higher Education.