FERPA - Family Educational Rights and Privacy Act

Confidentiality of Student Records

Access to a Northeast Wisconsin Technical College (NWTC) student’s educational record is governed by the Family Educational Rights and Privacy Act of 1974 (FERPA) and in conjunction with the Wisconsin Technical College System and Wisconsin Statutes.

FERPA is a law which protects the educational records of students. A student’s official educational records are all paper and electronic records kept about the student which relate to being a student. Under FERPA, students have the right to access or deny access to their records. In compliance with these laws, the College annually notifies students of their rights regarding student information.

Under FERPA, parents are third parties, with no rights to the record. A student’s official education record is confidential and shall not be released to anyone except the student, except under the following conditions:

• A Release of Student Records form duly signed by the student or a parent/legal guardian is received and on file with the NWTC Student Records Department. This form can be obtained at any NWTC location.
• A request for specific information is received from a court or in compliance with judicial order pursuant to any lawfully issued subpoena. Only the specified information will be provided.
• Information is shared under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official includes a person employed by NWTC in an administrative, supervisory, academic, institutional research, or support staff position (including law enforcement unit personnel and health staff); a Title IX Coordinator (or their designee); 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 also may include a volunteer or contractor outside of NWTC who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information (PII) from education records, such as an attorney, auditor, or collection agent, or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for NWTC.
• A request is received from representatives of agencies or organizations from which the student is receiving financial aid.
• A request is received from officials of other postsecondary educational institutions to which the student has applied for admission.
  • As long as the student fits the category of "seeks or intends to enroll" at another institution, FERPA permits NWTC to provide any information from the education records to a student’s transfer institution, including but not limited to ongoing progress or final grades.
• A request is received from other persons or agencies specifically exempted from the prior consent requirement by the Act.
• A request is received for NWTC student directory information (see below).

Students’ Right of Access to Student Records

Students have the right to inspect their education records.

• Students must submit a written request for the inspection of identified records to the NWTC Registrar’s Office.
• The Registrar will contact the student with a day, time, and place for the inspection.
  Note: Some information from a student’s record may be redacted to protect the confidentiality of other students.
• The notification and inspection shall occur within 45 days from the receipt of the written
  request for inspection on records.

After inspection, the student has the right to request the amendment of student education records that the student feels are inaccurate or misleading. Students should write to the Registrar, clearly identifying the part(s) of the record that they request changed, specifying why they feel the record(s) is inaccurate or misleading, and providing evidence to support their request as appropriate. 

If NWTC decides not to amend the record as requested, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment.

Directory Information Requests for Student Information

A request may be submitted for directory information. Each higher education institution defines what they consider to be directory and non-directory information.

NWTC defines directory information as

• Student’s Name
• Current mailing address
• Email address
• Phone
• Participation in officially recognized activities
• Major field of study
• Full-time or part-time enrollment status
• Dates of attendance
• Degrees and awards received
• Date(s) of degree(s)

NWTC students have the right to withhold any directory information that they wish from any third party by filling out a Student Directory Information Opt Out Form. Students must consider the consequences of any decision made to withhold directory information, as any future requests for such information from non-institutional persons or organizations such as prospective colleges and employers will be refused. NWTC will honor an individual’s request to withhold directory information until that opt-out is removed by the person, but cannot assume responsibility to contact a student for subsequent permission to release information upon receipt of a request we cannot fulfill. NWTC may charge a fee to cover administrative costs for directory information requests from third parties

NWTC does not proactively sell directory information to any outside entity for commercial, marketing, or solicitation purposes.

Hold Status on Education Records

With the understanding that it cannot deny a student’s review and inspection of their records, NWTC reserves the right to withhold release of copies of a student’s diploma when 

• A student has an outstanding financial obligation to NWTC (including, but not limited to, unpaid tuition or financial aid, book or supply fees, library fines, NSF checks, etc.), or when
• There is an unresolved disciplinary action against the student.

The Registrar is the official custodian of the student’s educational record. The Registrar is responsible for monitoring adherence to this policy and for developing and implementing College procedures and appropriate training related to FERPA. Administrative staff and faculty members are trained on respect for confidential information about students that they acquire in the course of their work.