Job Corps Policy and Requirements Handbook

PRH Chapter 6: Administrative Support Services

Appendix 601 (Page 1)

APPENDIX 601
STUDENT RIGHTS TO PRIVACY AND DISCLOSURE OF INFORMATION
Each applicant or student is entitled to privacy in accordance with federal, state, and local law,
and in accordance with the following policies.
1.

Privacy of Person and Possessions
The Job Corps center director must ensure that each student’s area, including any storage
for belongings, remains private. Neither students nor their belongings may be searched
or examined except under circumstances described in Chapter 5, Section 5.3, Safety and
Security. If evidence that may be used in a criminal prosecution is discovered, the
student involved is to be advised of his or her right to remain silent and to an attorney.

2.

Confidential Personal Information
a.

Information collected as part of the admissions process must be protected in
accordance with the terms of the Privacy Act. Each applicant shall be informed of
the following and acknowledge by signing the Job Corps Consent Record:
(1)
The statutory authority for the request
(2)
Why the information is needed
(3)
Whether it is voluntary or mandatory to give the information
(4)
The effects of not providing information
(5)
The uses which may be made of the information

b.

Personal information contained in center records, as well as verbal and written
communication between students and staff, must be held in confidence.

c.

Student information may be released to other staff on a need-to-know basis when
it is judged to be in the interest of the student, but the student must be informed of
the possibility.

d.

Staff must advise students in advance about the types of information that must be
shared with the center director or other center personnel when it affects the
welfare of the center as whole or requires action to protect the welfare of an
individual enrollee.

e.

Confidential student information may not be copied or kept by anyone except as
provided by the Disclosure of Information (Section 5 below) procedures.

f.

Department of Labor representatives may review counseling, health, and other
confidential records for administrative purposes.

g.

Job Corps students or staff shall not participate in, nor be the subject of, any study
or research project unless it has been approved through the Regional Office and
by the National Director of Job Corps. Such participation, if approved, must only

PRH Chapter 6: Administrative Support Services

Appendix 601 (Page 2)

be on a voluntary basis, and the researcher must guarantee to protect the
anonymity of all staff and students involved in any presentation of the results.
3.

4.

Access to Student Records
a.

Students, and parents or guardians of minor students, shall be granted access to
their records upon request. Access to medical records can be denied in accordance
with the Notice (Form 2-01) and Authorization (Form 6-02).

b.

If a student or parent of a minor student objects to any information in the record,
he or she may request a meeting with the center director to request that such
information be removed or modified. If the request is denied, the record must be
documented with the reasons. The student and or parent/guardian may also
include a written objection to the content. All such statements shall become part
of the student’s personnel record.

c.

If a student or parent of a minor student objects to any information in the medical
record, he or she has the right to amend their protected information. Amendments
will be made in accordance with the Notice and Authorization.

d.

When the center has custody of the record, designated center staff shall respond to
requests from former students or third parties, for information concerning their
enrollments, only upon receipt of a written signed release of information, and in
accordance with the provisions of Chapter 5, Section 5.1, R31.c, this appendix,
the Notice, and the Authorization.

Use of Student Photos or Moving Images
a.

Outreach and Admissions/Career Transition Services (OA/CTS) contractors and
centers shall ensure that photos or moving images of Job Corps students are taken,
used on printed materials, or posted on the Internet only when the student, or legal
guardian in the case of minors, has:
(1)
Been informed about the possible uses of such pictures for promotional
purposes, for an unlimited time; and
(2)
Has signed a Right to Use Photographic Likeness or Moving Images
release (as shown in Form 5-08 for adult students, and Form 5-09 for
minors).

b.

In all cases where a photographer, newspaper, or other entity has been hired to
take pictures, the contract for services shall either:
(1)
Include language that states “All Copyright and/or Intellectual Property
Rights are the property of the Department of Labor”; or
(2)
A “Notice of Copyright” must be signed by the photographer before the
photograph may be used (as shown in the Job Corps Forms Handbook).

PRH Chapter 6: Administrative Support Services

5.

Appendix 601 (Page 3)

Disclosure of Information
All requests for personal information about students must be treated as requests under the
Freedom of Information Act and the Privacy Act of 1974, and handled pursuant to 29
CFR Parts 70 and 71 and 45 CFR Parts 160 and 164.
a.

No student records of information of any kind about a student may be released to
outside agencies or persons without the student’s signed consent, or
parent/guardian consent for minor students, and DOL authorization (applicable
regional office) in accordance with Chapter 5, Section 5.1, R31.c, with the
following exceptions:
(1)
Upon written request, parents or guardians of minors and probation or
parole officers may be given information regarding a student’s general
medical condition and/or achievement in the program.
(2)
To avert a serious threat to health or safety, protected health information
can be released. Medical information may be provided to local health
authorities in the case of student death to assist with their investigation.
(3)
A student’s name, address, age, former residence, dates of entry and/or
separation, forwarding address and other possibilities for locating a
student or his or her family may be released to state or federal law
enforcement agencies or other government investigators.
(4)
CTS providers shall be provided a summary of each student’s academic
and vocational achievement and other such information necessary to assist
in the placement of a student. Placement agencies must obtain a written
release of information from each student prior to sharing information with
prospective employers, schools, and training institutions.
(5)
Where a job opportunity with a prospective employer is covered by a
federal government security clearance requirement necessitating that the
employer receives information on the student’s arrests, convictions, and/or
probation or parole status, the placement agency shall release such
confidential information only after obtaining a signed consent from the
student or parent/guardian.
(6)
All subpoenas to produce student records or to testify regarding a student
record shall be forwarded to the Regional Office for consultation with the
Regional Solicitor.