Family Educational Rights and Privacy Act (FERPA)
Please read http://hawaii.hawaii.edu/admissions/ferpa for more information. FERPA affords eligible students certain rights with respect to their education records. These rights include:
- The right to inspect and review the student's education records within 45 days after the day Hawaiʻi Community College receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official 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 school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student's 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.
- The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. The school discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Hawaiʻi Community College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of regents; 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 Hawaiʻi Community College who performs an institutional service or 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 PII from education records, such as an attorney, auditor, or collection agent. 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 responsibilities for Hawaii Community College.
- Parents and spouses of students are advised that information contained in education records, with the exception of directory information, will not be disclosed to them without the prior written consent of the student.
- Students are advised that institutional policy and procedures required under FERPA have been published as Administrative Procedure AP 7.022, Procedures Relating to Protection of the Educational Rights and Privacy of Students. Copies of Administrative Procedure AP 7.022 may be obtained from the Office of the Vice Chancellor for Students.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Hawaiʻi Community College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
The University has designated the following information from a student’s education record as "directory information":
- Name of student;
- Major field of study;
- Class (i.e., freshman, sophomore, etc.);
- Past and present participation in officially recognized activities (including positions held and official statistics related to such participation and performance);
- Past and present participation in officially recognized sports (including positions held and official statistics related to such participation and performance);
- Weight and height of members of athletic teams;
- Dates of attendance;
- Previous institution(s) attended;
- Full or part-time status;
- Degree(s) conferred (including dates);
- Honors and awards (including dean's list).
At its discretion and in conformance with applicable state law, the University may disclose directory information to the public without obtaining a student’s prior consent, so long as certain conditions regarding general notification of disclosure of directory information have been followed. Specific directory information about an individual student will not be released to the public if the student has affirmatively informed the University that he or she does not want any or all of those types of information about himself or herself designated as directory information. The procedures for an individual student to "opt" out of disclosure is set forth in Administrative Procedure AP 7.022.
Lists of directory information will not be made publicly available to third parties.
The school may provide the UH Foundation with lists of students with the following information: name, school/college/division/department, degree, major and minor fields of study, UH email address, home address, and telephone number for the purpose of University and alumni relations.
FERPA Annual Notice Addendum:
As of January 3, 2012, the U.S. Department of Education's FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records -- including your Social Security Number, 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 to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize 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.
FERPA and Confidentiality of Student Records
What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended (also known as the Buckley Amendment) affords students certain rights with respect to their education records. Specifically, it affords students the right to:
- Inspect and review their education records;
- Request the amendment of inaccurate or misleading records;
- Consent to disclosure of personally identifiable information contained in their education record; and
- File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law.
Applicable University Policies
The University of Hawai‘i strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from these records. The University of Hawai‘i has established several policies directly related to the maintenance and acceptable use of various types of data. The applicable policies are:
EP 2.214: Security and Protection of Sensitive Information
EP 2.215: Institutional Data Governance
EP 2.216: Institutional Records Management and Electronic Approvals/Signatures
AP 7.022: Procedures Relating to Protection of the Educational Rights and Privacy of Students