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Category:
Legal and Compliance


Responsible Office:

Procedure Title:
Student Consumer Information and Disclosures

Document Number:
6606

Effective Date:
July 01, 2004


This procedure item applies to:
Community Colleges
State-Operated Campuses

Table of Contents
Summary

Process
Forms
Related Procedures
Other Related Information
Authority
History
Appendices

Summary

This procedure identifies the information that State University of New York (University) campuses must disclose to prospective and currently enrolled students pursuant to federal law 34 CFR §668.43 and New York State Law 8 NYCRR Part 53 (Information for Students and Prospective Students). An Abbreviated Disclosure Guide for Campuses, in the Appendices section, provides a table summarizing this information.


Process

I. Format for Provision of the Information

II. General Campus Information to be Made Available to Prospective and Currently Enrolled Students

       This section describes the general information that University campuses must disclose to prospective and currently enrolled students pursuant to federal law 34 CFR §668.43. See section XI of this checklist for additional New York State requirements. Campuses must disclose:

A.    costs of attending the campus such as:

1.    tuition;

2.    fees;

3.    average cost of books;

4.    average cost of supplies;

5.    room and board;

6.    living expenses

7.    applicable transportation costs for commuting; and

8.    any other additional costs such as but not limited to costs for special programs;

III. Financial Aid Information Required to be Made Available to Prospective and Currently Enrolled Students

       This section describes the University campuses’ financial aid information that must be disclosed to prospective and currently enrolled students pursuant to 34 CFR §668.42. See section XI of this checklist for additional New York State requirements.

IV. Required Graduation or Completion and Transfer-out Information for the General Student Population Report

      
This section describes the graduation or completion and transfer-out information that must be disclosed to prospective and currently enrolled students pursuant to 34 CFR §668.45.

A.   Graduation or Completion and Transfer-out Report

       The graduation or completion rate and transfer-out rate, if applicable, should be available in appropriate paper publications such as catalogs, student handbooks or brochures or can be provide electronically through a web site. The vehicle used to make the information available is left to the discretion of the campus.

1.    The graduation or completion rate must be calculated and updated each year by July 1 for the cohort of first-time students that passed 150% of the expected time for graduation or completion by August 31 of the year prior to the July 1.

2.    A campus is required to report transfer-out rates if its mission includes providing substantial preparation for students to enter another campus for continuation of studies.

3.    A campus may report graduation rates for those students who transfer into the campus.

4.    A campus may report graduation or completion and transfer-out rates for students noted as exclusions under this section of the code if it so chooses. These students include those who:

a.    left to serve in the armed forces;

b.    left to serve on official church missions;

c.    left to serve on a federal foreign aid service such as the Peace Corps;

d.    are totally and permanently disabled; or

e.    died during their tenure at the campus.

5.    The report must also be filed with the federal department of education by the deadline for the National Center for Education Statistics (NCES) Integrated Postsecondary Education Data System’s (IPEDS) graduate rate survey deadline.

B.   Notice of the Availability of the Graduation or Completion and Transfer-out Report

1.    The notice and its format for provision of the location of information for items Section IV.A. should be provided as described in section I.B. and I.C.

V. Required Graduation or Completion and Transfer-out Information for Prospective Student Athletes Report to be Made Available

       This section describes the graduation or completion and transfer-out information that must be disclosed to prospective student athletes, their parents, high school guidance counselors and high school coaches pursuant to 34 CFR §668.48, if the campus provides athletically-related financial aid.

VI. Required Equity in Athletics Disclosures

      
This section describes a campus’s disclosure of actions to provide equitable opportunities in athletics for men and women pursuant to 34 CFR §668.47. This reporting requirement is mandatory for all campuses that participate in any Title IV, Higher Education Act program and have an intercollegiate athletic program.

VII. Drug and Alcohol Abuse Information


See the University’s Drug-Free Schools and Communities Act/Drug-Free Work Place Act Compliance Policy for details of the required programs and disclosures and the manner in which the disclosures should be made. Compliance with that policy also satisfies 34 CFR §668.14(c) requiring the campus to provide a drug abuse prevention program that the campus has determined to be accessible to any officer, employee, or student at the campus.

VIII. Campus Security Report


See the University’s Campus Security Policy and Campus Crime Statistics Reporting Procedures for information that must be made available to prospective and current students as well as current and prospective employees pursuant to 34 CFR §668.46.

IX. Family Educational Rights and Privacy Act Disclosures


This section describes the campus’s responsibility to disclose its policies and procedures under the Family Educational Rights and Privacy Act (FERPA) pursuant to 34 CFR §99.37, 34 CFR §99.31 (a)(13) and (14) and 34 CFR §99.7. See the University’s FERPA policy and procedure for full details of the statute’s requirements.

A.   Disclosure Information

Each campus shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under FERPA. The notice must inform parents or eligible students that they have the right to:

1.    inspect and review the student's education records;

2.    seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;

3.    consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA and its implementing requirements (34 CFR 99.31) authorize disclosure without consent; and

a. The following information regarding directory information that is disclosed without notice should be provided to the parents of students or eligible students:

i. the types of personally identifiable information that the campus has designated as directory information; and

ii. a parent's or eligible student's right to refuse to let the campus designate any or all of those types of information about the student as directory information; and

iii. the period of time within which a parent or eligible student has to notify the campus in writing that he or she does not want any or all of those types of information about the student designated as directory information.

4.    file with the United States Department of Education a complaint under 34 CFR 99.63 and 34 CFR 99.64 concerning alleged failures by the campus to comply with the requirements of FERPA.

B.   Notice of the Family Education Rights and Privacy Act Requirements

1.    The notice must include all of the following:

a.    the procedure for exercising the right to inspect and review education records.

b.    the procedure for requesting amendment of records under 34 CFR 99.20.

c.    if the campus has a policy of disclosing education records under 34 CFR 99.31(a) (1), a specification of criteria for determining who constitutes a campus official and what constitutes a legitimate educational interest.

2.    A campus may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights.

a.    A campus shall effectively notify parents or eligible students who are disabled.

b.    A campus shall effectively notify parents who have a primary or home language other than English.

X. Teacher Preparation Report

This section describes the campus’s responsibility to annually disclose to the state and general public information regarding their teacher preparation program as well as outcomes of students of those programs on required assessments. This disclosure is required by Title II, Section 207(f) (1) and 207(f) (2) of the Higher Education Act Amendments of 1998.

XI. Additional New York State Mandated Disclosures of Campus and Financial Aid Information


This section describes requirements pursuant to New York State law (8 NYCRR 53) (Information for Students and Prospective Students) that are additional to those federal requirements listed in sections II and III of this document. These additional elements should be incorporated into the federal requirements in a manner appropriate with sections II and III of this document to provide a clear and complete picture for the intended audience.

XII. Minimum Living Standards and the Rights and Responsibilities of Students

       The campus’s responsibility to disclose to students the minimum expectations for accommodations used by the students for residing on campus is described in the University’s Minimum Living Standards Policy. The policy clearly describes behavioral and administrative expectations. Standards and campus-based requirements adopted under this policy are to be communicated to the students using appropriate means such as the catalog, student handbook, web site, or other appropriate brochures and publications.

XIII. Notification of Student Rights Under Section 224-a of New York State Education Law – Absence Due to Religious Observation

      Written notice shall be given to all students of their rights under § 224-a of NYS Education Law informing them that each student who is absent from school, because of his or her religious beliefs, must be given an equivalent opportunity to register for classes or make up any examinations, study or work requirements which he or she may have missed because of such absence on any particular day or days.

XIV. Publication of Rules for the Maintenance of Public Order.

       Written notice of the rules for maintenance of public order shall be provided to all students.


Forms

There are no forms relevant to this procedure.


Related Procedures

Campus Security Policy and Campus Crime Statistics Reporting


Other Related Information

Bias-Related Crime Prevention Policy

Drug-Free Schools and Communities Act/Drug-Free Work Place Act Compliance

Rules for the Maintenance of Public Order

Minimum Living Standards

Sexual Assault Prevention Policy

Family Educational Rights and Privacy Act, Compliance with


Authority

34 CFR §668.43 (Institutional information)

20 USC §1092 (Institutional and financial information for students)

The following link to FindLaw's New York State Laws is provided for users' convenience; it is not the official site for the State of New York laws. 

NYS Education Law §224-a (Prohibitions)

In case of questions, readers are advised to refer to the New York State Legislature site for the menu of  New York State Consolidated.

8 NYCRR §53 (Information for Students and Prospective Students)

Chapter 228, Laws of 1992

Chapter 416, Laws of 1988

Chapter 161, Laws of 1977

State University of New York Board of Trustees Resolution 89-130 adopted June 21, 1989.


History

Memorandum to presidents from office of University counsel and the vice chancellor for legal affairs, dated December 30, 1992 making campuses aware of new requirements under selected provisions

of the Higher Education Amendments of 1992, including the Campus Security Act, The Family Educational Rights and Privacy Act and the Drug-Free Workplace Act.

Memorandum to presidents from office of University counsel and the vice chancellor for legal affairs, dated August 2, 1991 detailed new federal legislation relating to student consumer rights requires all State University campuses to collect and publish additional statistics and other information for prospective and current students as early as August 1, 1991. The information gathering requirements are contained in legislation known as the Student Right-to-Know and Campus Security Act ("Act") as amended by the Higher Education Technical Amendments of 1991 120 U.S.C §1092).

Memorandum to presidents from the office of the University counsel and vice chancellor for legal affairs, dated April 20, 1978 detailed final regulations issued by the United States Office of Education and the New York State Education Department which defined and interpreted §493A of the Higher Education Act of 1965 ("Student Consumer Information Requirements") and Public Law 94-482, §1088b-1 of Title 20, U.S. Code. The State regulations met or exceeded nearly all of the federal requirements. The memo also outlined the type of information state regulations, adopted pursuant to section 607 of the Education Law; require that all degree granting postsecondary institutions provide to students and, upon request to prospective students.


Appendices

Appendix A - Abbreviated Disclosure Guide for Campuses