There are many legal issues that intersect with the day to day activities of the College community. The topics below are just a few of the many topics that may be informative.
Family Educational Rights and Privacy Act
34 C.F.R. Part 99
Miami Dade College’s commitment to its educational mission demands that it maintain various student information concerning characteristics, activities, academic performance and accomplishments of students. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. Further details may be found in Miami Dade College Procedure 4085: https://www.mdc.edu/procedures/Chapter4/4085.pdf
All policies and practices governing the collection, maintenance, review, and release of student education records are based on the principles of confidentiality and the student’s right to privacy, consistent with the Family Educational Rights and Privacy Act (FERPA) of 1974. FERPA is a federal law designed to protect the privacy of education records and to establish the right of students to inspect, review, amend and restrict access to their education records. http://www.ed.gov/policy/gen/reg/ferpa/index.html
Public Records / Subpoena Requests
Many of the College’s files and records are public in nature, and subject to inspection and copying by members of the public. There are also College records which are confidential in nature and which are not available to the public.
The College is also subject to the subpoena powers of our state and federal courts. Through the issuance of subpoenas, third persons involved in claims and lawsuits to which the College is not a party, often seek to compel production of College records, which they consider relevant to the issues involved in such cases. Such third-party subpoenas, like requests made under the "Public Records" law, may present issues of confidentiality and may also be subject to other valid objections in some cases. Accordingly, subpoenas and public records requests should be immediately forwarded to the Office of Legal Affairs, with the date received by the department indicated on the document. When time is critical, please hand deliver or transmit the subpoena or the public records request by facsimile (305) 237-7654 and call the Office of Legal Affairs (305) 237-3694 to confirm receipt. Please note that the College is bound to follow privacy and confidentiality safeguards imposed by federal and state laws in certain instances prior to the release or disclosure of any records.
Notification of Social Security Number Collection and Use
In compliance with Section 119.071(5), Florida Statutes, Miami Dade College (MDC) issues this notification regarding the purpose for the collection and use of your Social Security Number (SSN). Miami Dade College collects and uses your SSN only to perform the College duties and responsibilities. To protect your identity, MDC will maintain the privacy of your SSN and never release it to unauthorized parties in compliance with state and federal laws. The College assigns you a unique student/employee identification number which is used for associated employment and educational purposes at MDC, including the access of your college records.
Miami Dade College may collect and/or use your Social Security Number for the following purposes:
|PURPOSE||FEDERAL AND STATE REGULATIONS|
|Human Resources (Employment and Hiring)SSNs are used for legitimate business purposes in compliance with completion and processing of the following:
Providing your Social Security Card is a condition of employment at MDC.
- Federal I-9 (Department of Homeland Security)
- Federal W4, W2, 1099 (Internal Revenue Service
- Federal Social Security taxes (FICA)
- Processing and Distributing Federal W2 (Internal Revenue Service)
- Unemployment Reports (FL Dept of Revenue)
- Florida Retirement Contribution reports (FL Dept of Revenue)
- Workers Comp Claims (FCCRMC and Department of Labor)
- Direct Deposit Files (affiliate banks)
- 403b and 457b contribution reports
- Group health, life and dental coverage enrollment (for employees and their dependents)
- Various supplemental insurance deduction reports
- Background checks (SSNs are collected in conducting employment background investigations for prospective employees as well as promotion eligible employees pursuing positions of special trust)
- Retirement documents (for retirees, employees and their beneficiaries)
- Tax-related uses are authorized and/or required by 26 USC 3402, 3406, 1441, 6109 & 31.6011(b)-2; 8 USC 1324a; and 20 CFR 404.452
- Benefits-related uses are authorized by 119.071(5)(a)6.b.,f.,g, F.S
- Background/employment-related uses are required by 8 USC 1324(a) and 42 USC 653(a)
- Worker Compensation Claims are authorized by 440.185, F.S., Department of Labor, FCCRMC
- Unemployment uses are authorized by State of Florida; disclosure per 119.071(5)(a)6.b., F.S.
- Retirement uses are authorized by Florida Department of Revenue; disclosure per 119.071(5)(a)6.b., F.S.
|PURPOSE||FEDERAL AND STATE REGULATIONS|
|Admissions and Registration|
- Federal legislation relating to the Hope Tax Credit requires that all postsecondary institutions report student SSNs to the Internal Revenue Service (IRS). This IRS requirement makes it necessary for MDC to collect the SSN of every student. A student may refuse to disclose his/her SSN for this purpose, but he/she may be subject to IRS penalties.
- The Florida public school system uses the SSN as a student identifier. It is beneficial to have access to the same information for purposes of tracking and assisting students in the transition from one educational level to the next, linking all levels of the state education system. The intent is to establish a comprehensive management database of information which will co-reside with the Division of Public Schools Information Database and the State University System Database to provide integrated information at the state level for educational decision-making.
- SSNs appear on official transcripts and are used for business purposes in accordance with parameters outlined by the U.S. Department of Education.
- Tracking uses are authorized by SBE Rule 6A-10955(3)(e); 1008.386, F.S. and the General Education Provisions Act (20 USC 1221(e-1)).
- Hope/Lifetime Tax Credit uses are authorized by 26 USC 6050S and Federal Register, June 16, 2000/IRC Section 25A
- Registration uses are authorized by 119.071(5), F.S.
- Issuance of Form 1098T for tuition payment reports are authorized by 26 USC 3402, 6051
- The College Reach-Out Program (CROP) uses are authorized by 1007.34, F.S.
|Veteran Administration Benefits|
- The SSN is required for enrollment verification and reporting for all Veterans Administration beneficiaries. A Veteran student is required to report his/her SSN in order to receive the appropriate benefits and for tracking purposes.
- The Student Financial Aid Office uses SSNs in the application process for determining eligibility for financial aid such as grants, loans, work assistance programs and scholarships (including Bright Futures). The SSNs are used to identify students by the Florida Office of Student Financial Aid and the U.S. Department of Education. Each student must report his/her SSN on the FAFSA. If an SSN is not provided, the FAFSA will not be processed.
- Collection uses are required by Title IV of the Higher Education Act of 1965, as amended (§§483 and 484); 20 USC 1078, 1090, 1091 & 1092
- Required by 34 CFR 668.16 for administrative usages
- Required by 34 CFR 668.33 for residency verification usages
- Required by 34 CFR 668.36 for FAFSA verification usages
- Required by 34 CFR 668.32(i) and 34 CFR 668.36 for Federal Work Study usages
- Authorized by 26 CFR 1.6050 for issuance of Form 1098E, a tax form used to report student loan interest
- These programs, funded through the Agency for Workforce Innovation (AWI), use your SSN as identifier for program eligibility, enrollment and completion.
- Required by 119.071(5)(a)
|PURPOSE||FEDERAL AND STATE REGULATIONS|
- SSN information is collected to comply with Internal Revenue Service regulations for contractors and individuals who have entered into agreements for services, as required and authorized by federal law.
- Required by Internal Revenue Code, Section 6109; Title 26 US Code
- The Foundation is charged with advancing the mission and goals of the College through outreach initiatives, facilitating alumni relations and fundraising efforts. The Foundation has a need to access SSNs of College graduates for the sole purpose of locating “lost” alumni and confirming alumni identify and/or status (i.e. deceased).
- Authorized by 119.071(5), F.S.