FERPA: Family Educational Rights and Privacy Act

Notification of Student Rights under FERPA
Directory Information
Non-Directory Information
Records of Requests and Disclosures
Solomon Amendment
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
Disclosures to Parents/Legal Guardians of Students
Library Automated Materials Sharing
Consent to Release Records and Request to Withhold Directory Information
Location of Educational Records

Notification of Student Rights under FERPA 

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

1. The right to inspect and review the student's education records within 45 days after the day Cape Cod Community College (College) receives a request for access. A student should submit to the Registrar, or other appropriate official, a written request (Request to View Records Form) 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.
2. 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 College to amend a record should write the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
   If the College decides not to amend the record as requested, the College 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.
3. The right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The College 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 typically includes a person employed by the 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 trustees; 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 the College who performs an institutional service of 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 or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College.

Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. FERPA requires a school to make a reasonable attempt to notify each student of these disclosures unless the institution states in its annual notification that it intends to forward records on request or the disclosure is initiated by the student.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
   
   Student Privacy Policy Office
   S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202

Disclosure of Information from Records

Directory Information

Directory information is information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory Information is considered public and can be released from the Office of the Registrar without the student’s written permission. The College identifies the following student information as directory information (§ 99.37):

 

• Student name
• Town of residence
• College email address
• Dates of attendance and withdrawal
• Enrollment status and anticipated date of graduation
• Degrees and certificates awarded; major or program of study
• Honors and awards received
• Photographic, digital and video public images for publication or announcement
• Past or present participation in officially recognized activities and sports
• Height, weight and photos of athletic team members

 

Non-Directory Information

No information, other than that which is defined by the College as directory information (as outlined above), will be released without the written consent of the student, except when prior written consent is not required under FERPA. FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. The College must disclose educational records without written consent of students to those federal and state government agencies and officials provided by law. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. The college must also provide the access of education records to:

• Personnel within the College determined by the College to have legitimate education interest. "Legitimate Education Interest" is defined as the demonstrated need to know by those College officials who act in the student education, professional employees and other persons who manage student record information. 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) (§ 99.31(a)(1))
• Officials of other institutions in which a student seeks to enroll on condition that the issuing institution attempts to inform students of the disclosure, or makes such a transfer of information a stated institutional policy. (This notification is to be considered as such.) 99.34. (§ 99.31(a)(2))
• Authorized representatives of the S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the College’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
• Entities in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 31(a)(4))
• Organizations conducting studies to develop, validate and administer predictive tests, to administer student aid programs or to improve instruction. (§ 31(a)(6))
• Accrediting organizations to carry out their accrediting functions. (§ 31(a)(7))
• Parents of a student who have established that student’s status as a dependent according to the Internal Revenue Code. (Parent(s) must provide a certified copy of the appropriate federal income tax form with proof of student dependency and receive approval from the Regstrar.) (§ 99.31(a)(8))
• Compliance with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9)) (The student will be notified in writing by the Office of the Registrar that a subpoena has been issued.)
• Appropriate officials or persons in connection with a health or safety emergency, to protect the health and safety of the student(s) or other persons. 99.36. (§ 99.31(a)(10))
• A victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 31(a)(13))
• General public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 31(a)(14))
• Parents or guardians of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

NOTE: Information concerning applicants to the College who have not yet enrolled will not be released.

 

Records of Requests and Disclosures

The college will maintain records of requests and disclosures of non-directory information. The records of requests shall include the names and addresses of the person(s) who requested the information and their legitimate interests in the information. Records of requests and disclosures need not be maintained for:

1. Those requests made by students for their own use.
2. Those disclosures made in response to written requests or consent from students.
3. Those made by school officials.
4. Those specified as Directory Information.

The records of disclosures and requests for disclosures are considered a part of student education records; therefore, they must be retained as long as the education records to which they refer are retained by the College.

Solomon Amendment

The Solomon Amendment (10 U.S.C. § 983) is a federal law that allows military recruiters to access some address, biographical and academic program information on students age 17 and older who have not filed any FERPA restrictions. The Department of Education has determined the Solomon Amendment supersedes most elements of FERPA. As a federally funded institution Cape Cod Community College is obligated to release, through the Office of the Registrar, student contact data to U.S. military recruiters when requested, and for military recruitment purposes only. The following is a list of information that may be released to military recruiters pursuant to the Solomon Amendment:

• Name
• Address
• Telephone
• College email
• Age
• Degrees/Certificates awarded
• Current academic major or program

Place of birth, level of education and most recent educational institution attended is not College collected data, and is not information the College would be able to provide per the Solomon Amendment to Military Recruiters.

If the College receives a request for student recruiting information from the Department of Defense (DoD), or one of its affiliated agencies, the College will release the student recruiting information requested. Because the information sought by the DoD may include information not designated as directory information under the College’s policy, compliance with the DoD’s request may result in the nonconsensual release of PII. When student recruiting information is released pursuant to a DoD request, notice of the request and the release of the information will be posted in the College's Office of the Registrar for a period not less than one academic year.

Procedure for Releasing Information to Military Recruiter:

Under the Solomon amendment, information will be released for military recruitment purposes only. Military recruiters may request student information for recruitment purposes once each term for each of the twelve (12) eligible units within the six (6) branches of the service. (Only those students with a FERPA Request to Withhold Directory Information on file with the Office of the Registrar will be excluded.)

• U.S. Army: Army, Army Reserve, Army National Guard
• U.S. Navy: Navy, Navy Reserve
• U.S. Marine Corps: Marine Corps, Marine Corps Reserve
• U.S. Air Force: Air Force, Air Force Reserve, Air Force National Guard
• U.S. Space Force: Space Force
• U.S. Coast Guard: Coast Guard, Coast Guard Reserve

The request should be submitted in writing on letterhead, or via official email, clearly identifying the unit of service requesting the student recruitment information. The request should specify whether the information needed is for the current or previous semester.

FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which 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 written 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 records and PII without 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 education records and PII without 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 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 consent PII from student's education records, and they may track participation in education and other programs by linking such PII to other personal information about students 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.

Disclosures to Parents/Legal Guardians of Students

FERPA gives parents/legal guardians certain rights with respect to their student's education records. When a student reaches the age of 18 or attends a postsecondary institution, regardless of the age of the student, the FERPA rights transfer to the student.

Guidelines for the disclosure of information to parents/legal guardians are as follows:

• Parents/legal guardians may obtain directory information at the discretion of the Office of the Registrar.
• If it is determined that a student is legally dependent on either parent/legal guardian's tax form, parents may obtain non-directory information at the discretion of the Registrar.
• Parents/legal guardians may obtain non-directory information if the Office of the Registrar has a current and valid signed FERPA Consent to Release Information or Power of Attorney regarding educational information from the student.
• Parents/legal guardians may be notified by the College if their student, under the age of 21, has been found responsible for violating the College's Drug and Alcohol Policy.
• Parents/legal guardians may be notified when their student is involved in a health or safety emergency.

Library Automated Materials Sharing

Wilkens Library is a key part of Cape Cod Community College’s system, and helps advance student success by providing scholarly resources, technologies, and support services that contribute to learning for students, faculty, and staff.  Wilkens Library is a member of the Cape Libraries Automated Materials Sharing (CLAMS) network, a shared system that allows greater access to materials for education and personal use, such as books and other physical materials, recorders and calculators, journals, newspapers, and non-print resources. For our students to be eligible to access these resources, Wilkens Library will upload certain required information to the CLAMS secure network each semester. The shared information will include last name, first name, mailing address, phone number and email so that our students have full use of all resources.  Students that want to provide additional information or register for third party resources through CLAMS may do so independently.

Wilkins Library and CLAMS are committed to protecting the privacy and personal information of their students and members. In addition, Massachusetts General Laws Chapter 78, Section 7 states that library records shall be confidential and shall not be disclosed except that such records may be disclosed to the extent necessary for the proper operation of such library and shall be disclosed upon request or consent of the user or pursuant to subpoena, court order or where otherwise required by statute. Furthermore, CLAMS does not consider circulation and registration records identifying the names, addresses, telephone number, and email addresses of members, as well as materials borrowed or accessed electronically, to be public records.

Students that are not registered with the CLAMS network that the College is part of will not have access to library resources, including but not limited to checking out books or borrowing library calculators. All students will be able to access online databases that are tied to the MY4Cs account. Students that wish to opt-out, must do so within five (5) days of the Notification of Student Rights under FERPA emailed annually to students. For any questions regarding this notification, please review additional resources below or contact the Office of the Registrar.

Additional Resources: CLAMS Privacy Policy is available at clamsnet.org/privacy-policy

Consent to Release Information and Request to Withhold Directory Information

Students may choose to authorize the Office of the Registrar to discuss and release information contained in your education records held by the Office of the Registrar (and/or the Financial Aid Office and Business Office) to a third party.  Students wishing to do so must file a FERPA Consent to Release Information. Students may revoke consent at any time by submitting a signed written statement, or by submitting the FERPA Revocation of Release of Information form.

Students may choose to withhold the disclosure of all student information which includes directory information for any reason. Students must file a FERPA Request to Withhold Directory Information with the Office of the Registrar. Directory information will then be withheld permanently or until the student releases the hold on disclosure in writing. All forms are available from the Office of the Registrar.

Students are encouraged to fully review their FERPA rights and consider all consequences before submitting a FERPA Consent to Release Information or FERPA Request to Withhold Directory Information to the Office of the Registrar.

Location of Educational Records

Most educational records are kept in the Office of the Registrar and Student Records. Other offices may maintain informal or unofficial records. Inquiries concerning those records should be made in writing to the Registrar.

FERPA Notifications other than College website

Emailed to all students on September 20, 2024 for academic year 2024-2025:
Annual Notification of Student Rights under FERPA
Solomon Amendment

Publicly Posted in the Office of the Registrar:
Notification of Student Rights under FERPA
Directory Information
Non-Directory Information
Records of Requests and Disclosures
Solomon Amendment
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
Disclosures to Parents/Legal Guardians of Students
Library Automated Materials Sharing
Consent to Release Records and Request to Withhold Directory Information
Student Notification of Release of Recruiting Information including date and branch of military request
Location of Educational Records

 

Cape Cod Community College
Office of the Registrar and Student Records
2240 Iyannough Road
West Barnstable, MA 02668-1599