Privacy of Your Records (FERPA)

Family Educational Rights and Privacy Act (FERPA)

FERPA offers students certain rights with respect to their education records. Under FERPA, the college may disclose any items of directory information on any student, currently enrolled or not.

Directory information is designated student information that is generally not considered harmful or an invasion of privacy if released. Directory information concerning a student may be released publicly. Directory information allows Hawkeye to include this type of information about a student in certain school publications including, but not limited to school directory, yearbook, honor roll or other recognition lists, and graduation programs.

Hawkeye designates the following information as directory information:

• student’s name
• date of birth
• enrollment status (full-time, part-time, not enrolled)
• major field of study
• terms of attendance
• degrees and awards received
• participation in officially recognized sports
• photograph

A school official with a legitimate educational interest may have access to student education records protected by FERPA. A school official is a person employed by Hawkeye in administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom Hawkeye 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. Additional exceptions to the consent requirement are Hawkeye may forward educational record information to requesting institutions in which the student seeks or intends to enroll if the information is necessary to protect the health or safety of the student or other individuals.

Hawkeye Community College, according to FERPA-34 CFR 99.34, may also disclose educational records to officials of another school, school system or institution of post-secondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purpose of student’s enrollment or transfer.

The right to inspect education records resides solely with the student. At the postsecondary level, FERPA rights have transferred to the student and therefore parents have no rights to inspect their student’s education records without prior consent from the student, unless governed by law to disclose the information.

Solomon Amendment—Effective October 23, 1998, all colleges and Universities are required to comply with the final regulations of the Solomon Amendment. Information released is limited to military recruiting purposes only. Information released is limited to the current semester or the previous semester.

Students can complete a signed Release of Information form with the Records and Registration office designating a person to have access to academic information from their student record that is outside of directory information. The designated party must provide identification each time prior to receiving any information. For all other requests, Hawkeye will require a court-ordered subpoena to release any other information concerning a student’s record that falls outside of the designated directory information.

Students have the right to prevent directory information from being disclosed by completing a Request to Prevent Disclosure of Directory Information form [pdf] with the Records and Registration office.

In case of an emergency, the College may disclose personally identifiable information to the appropriate parties if knowledge of the information is deemed by the College to be necessary to protect the health or safety of the student or other individuals based on the following considerations:

• Nature of the emergency and need for information
• Relative assistance the parties can offer
• Amount of time available

The Dean of Students will be the responsible officer in emergency cases, and if unavailable, another appropriate administrator.

Students have the right to inspect and review their education records within 45 days of the day Hawkeye Community College receives a request for access. Students should submit to the Records and Registration office or to an academic dean, written requests that identify the record(s) they wish to inspect. A Hawkeye 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 Hawkeye official to whom the request was submitted, that official will advise the student of the correct official to whom the request should be addressed.

Students have the right to request the amendment of their education records that the student believes is inaccurate. Students may ask Hawkeye to amend a record that they believe is inaccurate. They should write the Hawkeye official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate. If Hawkeye decides not to amend the record as requested by the student, Hawkeye 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.

Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Hawkeye 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

Also see Financial Aid FERPA Policy.

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