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Policies, Disclosures & Legal Statements

FERPA: Family Educational Rights and Privacy Act

Annual Notification of Student Rights under FERPA
Directory Information Public Notice
Solomon Amendment
Consent to Release Records and Request to Withhold Directory Information
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
Disclosures to Parents/Legal Guardians of Students


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
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202

Directory Information Public Notice

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:

Student name
Town of residence
College email address
Dates of attendance and withdrawal
Enrollment status and anticipated date of graduation
Degrees or 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

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.

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 (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
  • Age
  • Place of birth (is not College collected data*)
  • Level of education (is not College collected data*)
  • Degrees awarded
  • Current academic major or program
  • Most recent educational institution attended (is not College collected data*)

*(is not College collected data) is information the College would not be able to provide per the Solomon Amendment to Military Recruiters.

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 12 eligible units within the five branches of the service. (Only those students with Request to Withhold Directory Information with the Office of the Registrar will be excluded.)

  • Army: Army, Army Reserve, Army National Guard
  • Navy: Navy, Navy Reserve
  • Marine Corps: Marine Corps, Marine Corps Reserve
  • Air Force: Air Force, Air Force Reserve, Air Force National Guard
  • 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.

Consent to Release Records 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 Consent to Release Academic and/or Financial Record Information (FERPA. Students may revoke consent at any time by submitting a signed written statement, or by signing the Revocation of Consent to Release portion of the form.

Students may choose to withhold the disclosure of all student information including 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.

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

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 release 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.


Emailed to students on October 18, 2021:
Annual Notification of Student Rights under FERPA

Updated and posted online November 5, 2021:
Annual Notification of Student Rights under FERPA
Directory Information Public Notice
Solomon Amendment
FERPA Annual Notice to Reflect Possible Federal and State Data Collection and Use
Disclosures to Parents/Legal Guardians of Students

Emailed to students on November 10, 2021:
Solomon Amendment

Date and branch of military request posted in the Office of the Registrar
Solomon Amendment

 

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

Questions?

Office of the Registrar
Location Nickerson Administration Building, First Floor
Hours Monday–Friday: 8:30am–4:30pm
Phone 774.330.4711
Fax 508.375.4084
E-mail registration@capecod.edu