The Family Educational Rights and Privacy Act

Pursuant to Section 99.6 of the rules and regulations governing the Family Educational Rights and Privacy Act of 1974 (hereinafter the Act), students in attendance at the University of Hawai‘i Kapi‘olani Community College are hereby notified of the following: It is the policy of Kapi‘olani Community College to subscribe to the requirements of Section 438 of the General Education Provision Act, Title IV, of Public Law 90-247, as amended, and to the rules and regulations governing the Act, which protect the privacy rights of students. The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

  • The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.

Students should submit to the registrar, dean, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official will make arrangements for access and notify them of the time and place for the inspection. If the records are not maintained by the University official to whom the request was submitted, that official shall direct students to the appropriate party.

  • The right to request an amendment to education records that a student believes are inaccurate or misleading.

Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested, it will notify students of the decision and advise them of their right to a hearing. At that time, additional information regarding the hearing procedures will be provided to the students.

  • The right to consent to disclosures of personally identifiable information contained in education records, except to the extent that FERPA authorizes disclosure without consent.

An exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University 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 (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting other school officials in performing their tasks. School officials have a legitimate educational interest if they need to review a record to fulfill a professional responsibility.

  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University 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 20202-4605

Directory Information: Certain personally identifiable information is considered by the University to be directory information and, in response to public inquiry, may be disclosed without prior consent—unless students inform the University that they do not want the information disclosed.

  • Name of student
  • Local address, ZIP code, and email address maintained in the campus locator printout
  • Local telephone number maintained in the campus locator printout
  • Major field of study
  • Educational level
  • Facts of participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Dates of attendance
  • Most recent educational institution attended
  • Degrees and awards received
  • Email address
  • Enrollment status (full time and part time)

Students have the right to request that all of the above items not be designated Directory Information. Should they wish to exercise this right, they must, in person and in writing, not earlier than the first day of instruction no later than 14 calendar days from the first day of instruction for the academic term or semester, or the fourth day of a Summer Session, make this request for nondisclosure. Requests should be submitted to KISC in ‘Ilima 102 and are in effect at all University of Hawai‘i campuses until rescinded in writing by the student. (Note: Even if nondisclosure is requested, student names will appear on the MyUH online class roster and WebCT; other students enrolled in the class will be able to view these rosters.)

A parent or spouse of a student is advised that information contained in educational records, except as may be determined to be directory information, will not be disclosed to him/her without the prior written consent of the son, daughter, or spouse.

Institutional policy and procedures required under FERPA have been published as Administrative Procedure A7.022 Procedures Relating to Protection of the Education Rights and Privacy of Students. Copies of Administrative Procedure A7.022 may be obtained from the Office of Dean of Students, ‘Ilima 205, Kapi‘olani Community College.

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