Federal Family Educational Rights and Privacy Act (FERPA)
What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended (also known as the Buckley Amendment), affords current students certain rights with respect to their education records. They are:
1. Directory Information
Students are advised that 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 of the student unless the student otherwise so informs the University not to disclose such information. The items listed have been predetermined by the UH System. (updated 03-28-2011)
- Name of student
- Local address and zip code
- Local telephone Number
- Email address
- Major field of study
- Educational level (i.e., freshman, sophomore, etc.)
- Dates of attendance
- Enrollment status (full-time or part-time)
- Degrees and awards received
- Dean's List
- Most recent educational institution attended
- Fact of participation in officially recognized activities and sports
- Weight and height of members of athletic team
A student has the right to request that all of the above items not be designated Directory Information with respect to that student. Should a student wish to exercise this right, he or she must in person and in writing, not earlier than the first day of instruction nor later than fourteen calendar days from the first day of instruction for the academic term or semester, or the fourth day of a summer session, inform each Campus Registrar each campus he or she is attending which of the above items are not to be disclosed without the prior consent of that student. Report to Office of the Registrar at the Student Services Building, Room 101 (ground floor) to make this request. Or download the Request to Keep Directory Information Confidential and return to the Office of the Registrar.
A student may submit in writing a Consent to Disclose Education Records to Third Party and return it to the Office of the Registrar. The consent will be placed in the students file and considered active until the student graduates or rescinds the request.
2. The Right to Inspect and Review the Student's Education Records.
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, head of the academic department, 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 the student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
3. The Right to Request the Amendment of the Student's Education Records that the Student Believes are Inaccurate or Misleading.
Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University 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 by the student, the University will notify the student of the decision and advise the student of his or her 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.
4. The Right to Consent to Disclosures of Personally Identifiable Information Contained in the Student's Education Records, Except to the Extent that FERPA Authorizes Disclosure Without Consent.
One exception which 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 University 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 another school official in performing his or her tasks.
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 responsibility.
5. 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
PH: (202) 260-3887 or FAX: (202) 260-9001
6. Institutional Policy and Procedures Required Under FERPA.
Students are advised that institutional policy and procedures required under FERPA have been published as Administrative Procedure A7.022 Procedures Relating to Protection of the Educational Rights and Privacy of Students. Copies of Administrative Procedure A7.022 may be viewed at http://www.hawaii.edu/svpa/apm/a700/a7022a.pdf.
7. Disclosure of Information to a Parent or Spouse of a Student.
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.
However, If a student is claimed as a dependent for Federal income tax purposes by either parent, then under the newest regulations, either parent may have access to the student’s education records without the student’s consent. The parents must submit a copy of their most current Federal Tax return to the Office of the Registrar verifying that the student is in fact a dependent.
Adapted from the University of Hawaiʻi at Mānoa: http://www.hawaii.edu/myuh/manoa/notices/ferpa.html