Annual Privacy Notice

 

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (FERPA)

Annually, BridgeValley informs students of their rights under FERPA. This Act, with which BridgeValley intends to comply fully, was designed to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings. Students also have the right to file complaints with the Office of the Registrar concerning alleged failures by BridgeValley to comply with the Act.


1. The right to inspect and review the student's education records within 45 days of the day the college receives a request for access.

Students should submit to the registrar, dean, head of the academic department, vice president of student development or other appropriate official written requests that identify the record(s) they wish to inspect. A form can be obtained from the Office of the Registrar that the student may use to request access to Academic Records. Other offices or departments will develop their own method-granting access. After the written request, each office or department will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.


2. The right to request the amendment of anything in the student's education records that the student believes is inaccurate or misleading.

Students may ask the College to amend a record that they believe is inaccurate or misleading. They may write or use the appropriate form as designated by each office to the College official responsible for the record, clearly identifying the part of the record they want changed and specify why it is inaccurate or misleading. If the college decides not to amend the record as requested by the student, 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. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.


3. The right to consent to disclosures of all personally identifiable information contained in the student's education records, except directory information as stated above and other provisions of FERPA that authorize disclosure without consent.

One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted for a service (such as an attorney, auditor or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks; or a volunteer or other non-employee with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, the college may disclose education records without consent to officials of another school in which a student seeks or intends to enroll and by law must provide name and address of all students to any legitimate military recruiter who makes such a request in writing to the Office of the Registrar.


4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by BridgeValley to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Ave, SW
Washington, DC 20202-8520

NOTE:

As of January, 2012, The U.S. Dept. of Education's FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records—including your SSN, grades, or other private information – may be accessed without your consent.
 

  • First, the U.S. Comptroller General, The U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.

  • Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that are authorized to receive your PII, but the Authorities need not maintain direct control over such entities.

  • In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.


For more information, please visit https://www.bridgevalley.edu/registrar/ferpa.html.

Questions regarding FERPA should be directed to the Office of the Registrar at [email protected].


WEST VIRGINIA BOARD OF EDUCATION POLICY 4350 (for WIN Academy students ONLY)

Parents and eligible students (that is, students who are 18 years of age or older) have certain rights with respect to their children’s (or their own) education records. These rights are guaranteed by laws and regulations including the Family Educational Rights and Privacy Act (FERPA), West Virginia Board of Education (WVBE) Policy 4350, and others. Generally, these rights are:


1. The right to inspect and review education records in a reasonable timeframe after a school receives the request.

If parents or eligible students want to inspect their child’s or their own education records, they should submit a written request to the Dean of High School Programs. That written request should identify the specific records they want to see (such as enrollment, attendance, discipline, grades, schedules, and so on). The school official will make appropriate arrangements for access and will notify them about when and where they may view the records. School officials will try to provide electronic access when feasible, making sure that security of the information is a high priority. Per WVBE Policy 4350, parents and eligible students must be given access to review the records within 30 days after the school receives the request.


2. The right to request amendments or corrections to education records if a parent (or the eligible student) believes they are inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

If parents or eligible students want to request a correction or amendment to an education record, they should write to the Dean of High School Programs. The letter should (1) clearly identifies the part of the record that should be changed, and (2) specifies the reason(s) why it should be changed (including why it is inaccurate or misleading). If school officials decide not to amend the record as requested, the school will notify parents/eligible students of the decision and of their right to a hearing regarding the request. Additional information regarding the hearing procedures will be provided when notification is sent.


3. The right to provide written consent before personally identifiable information (PII) from the student's education records is disclosed to other parties (except to the extent that regulations authorize disclosure without that consent). 

In general, parents or eligible students must provide written consent before schools or districts can disclose PII from education records. However, there are some exceptions that allow schools to share education records without this written consent. One such exception is called the “School Officials Exception.” Under this exception, schools may disclose PII from education records to school officials with a legitimate educational interest. “Legitimate educational interest” means that the official needs information from education records in order to perform their assigned job or tasks or to carry out the responsibilities for which they have been hired/contracted.

“School Officials” at WIN Academy include:

  • Staff members employed by the school or school district, such as:
  • Administrators
  • Administrative Support Staff
  • Faculty Members
  • Student Support Staff (advisors, counselors, recordkeepers, etc.)
  • School Board Members
  • School and Classroom Volunteers
  • Contractors or consultants who perform institutional services or functions for which the school would normally use employees and who are under the direct control of the school with respect to accessing, using, and/or maintaining PII from education records such as an attorney, auditor, medical consultant, contracted counselor, or therapist

When students transfer or seek to enroll in other schools or districts, WIN Academy will forward or transfer students’ education records from this district/school to officials at the new school or institution upon request. These disclosures related to enrollment/transfer will occur when appropriate records requests are made either by the new school/institution or by parents or eligible students.

FERPA permits the disclosure of PII from students’ education records, without consent of the parent or eligible student, if the disclosure meets certain conditions found in § 99.31 of     the FERPA regulations and § 126-94-19 of WVBE Policy 4350. Except for specific types of disclosures (such as disclosures of directory information), federal and state regulations require the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures.

For more information about instances in which disclosures of PII from education records can be made without parental or eligible student consent, please refer to one of the following resources:

4. The right to file a complaint with the U.S. Department of Education (USDE) and/or the West Virginia Department of Education (WVDE) if a parent or eligible student believes that a school or district has not complied with the requirements of FERPA and/or WVBE Policy 4350.

Parents or eligible students who believe that their school or district has failed to comply with FERPA and/or WVBE Policy 4350 may file a complaint with the USED Student Privacy Policy Office and/or the WVDE Office of Data Management and Information Systems.

Complaints and concerns can also be mailed to the following addresses:

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Ave, SW
Washington, DC 20202-8520

West Virginia Department of Education
ATTN: Student Privacy Concern
1900 Kanawha Blvd. E, Building 6
Charleston, WV 25305-0330

 

PROTECTION OF PUPIL RIGHTS AMENDMENT (for WIN Academy students ONLY)

The Protection of Pupil Rights Amendment (PPRA) ensures that parents and eligible students have certain rights regarding the conduct of surveys, collection and use of information for marketing purposes, and certain physical exams. These include, but are not limited to, the right to:

1. Give consent before students are required to submit to a survey that concerns one or more protected areas (“protected information survey”) if the survey is funded in whole or in part by a program of the U.S. Department of Education. Protected information includes the following:

  • Political affiliations or beliefs of the student or student’s parent
  • Mental or psychological problems of the student or student’s family
  • Sex behavior or attitudes
  • Illegal, anti-social, self-incriminating, or demeaning behavior
  • Critical appraisals of others with whom respondents have close family relationships
  • Legally recognized privileged relationships, such as with lawyers, doctors, or ministers
  • Religious practices, affiliations, or beliefs of the student or student’s parent
  • Income, other than as required by law to determine program eligibility

2. Receive notice of and an opportunity to opt a student out of the following:

  • Any other protected information survey, regardless of funding source
  • Any non-emergency, invasive physical exam or screening required as a condition of attendance, administered by the school or its agent, and not necessary to protect the immediate health and safety of a student, except for hearing, vision, or scoliosis screenings, or any physical exam or screening permitted or required under WV law
  • Activities involving collection, disclosure, or use of personal information collected from students for marketing or to sell or otherwise distribute the information to others
    (This does not apply to the collection, disclosure, or use of personal information collected from students for the exclusive purpose of developing, evaluating, or providing educational products or services for, or to, students or educational institutions.)

3. Inspect the following upon request and before administration or use:

  • Protected information surveys of students and surveys created by a third party
  • Instruments used to collect personal information from students for any of the marketing, sales, or other distribution purposes listed in item 2
  • Instructional material used as part of the educational curriculum

WIN Academy policies, in consultation with parents, regarding these rights, as well as arrangements to protect student privacy in the administration of protected information surveys and the collection, disclosure, or use of personal information for marketing, sales, or other distribution purposes. WIN Academy will notify parents of these policies at least annually (and/or after any substantive changes). WIN Academy will also directly notify parents whose children are scheduled to participate in the specific activities/surveys and will provide an opportunity for parents to (a) review any pertinent surveys and (b) opt their children out of participation in the survey/activity. WIN ACADEMY will adhere to reasonable notification timelines. Following is a list of the specific activities and surveys covered under this direct notification requirement:

  • Collection, disclosure, or use of personal information collected from students for marketing, sales, or other distribution.
  • Administration of any protected information survey not funded in whole or in part by ED.
  • Any non-emergency, invasive physical examination or screening as described above.

Parents who believe their rights have been violated may file a complaint with:  

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202

 

DIRECTORY INFORMATION NOTICE

The Family Educational Rights and Privacy Act (FERPA) and West Virginia Board of Education Policy 4350 require that BridgeValley and WIN Academy, with certain exceptions, obtain written consent prior to the disclosure of personally identifiable information from students’ education records. However, BridgeValley and WIN Academy may disclose appropriately designated “directory information” without written consent, unless eligible parents or eligible students (that is, students who are 18 years of age or older) have advised BridgeValley and/or WIN Academy not to disclose that information.

Directory information is information that is generally not considered harmful or an invasion of privacy if released. BridgeValley and WIN Academy has designated the following information as directory information:

  • Name
  • Address
  • Date of birth
  • Major field of study
  • Dates of attendance
  • Degrees Received
  • Most recent previous school attended

A major purpose of directory information is to allow BridgeValley and WIN Academy to include limited information from students’ education records in certain publications or announcements. Directory information is used in various publications, including (but not limited to):

  • Award Ceremonies
  • Commencement Programs
  • Honor Lists
  • Press releases and news stories about student awards and accomplishments
  • Other related publications

Directory information may also be disclosed to outside organizations such as companies that manufacture class rings, take school or student organization photos, or offer graduation announcements.

Two federal laws (Section 9528 of the Elementary and Secondary Education Act [20 U.S.C. § 7908] and 10 U.S.C. § 503(c)) also require that WIN Academy provide the names, addresses, and phone numbers of high school students to military recruiters unless eligible parents or eligible students have advised WIN Academy that they do not want that information to be disclosed without prior written consent.

If an eligible parent or eligible student does not want BridgeValley or WIN Academy to disclose any or all of the types of information designated as directory information from a student’s education record without prior written consent, that eligible parent or eligible student must notify BridgeValley or WIN Academy, in writing, that directory information about the student should not be released.

Questions regarding the applicability of these policies for BridgeValley students should be directed to [email protected].

Questions regarding the applicability of these policies for WIN Academy students should be directed to [email protected].