FERPA and Disclosure of Student Records

*formerly Policy 210.14 Disclosure of Student Records

1. Introduction

   UMGC complies with the Family Educational Rights and Privacy Act and its implementing regulations (“FERPA”) as amended which protects the privacy of education records. In accordance with FERPA, this Policy informs students of their rights to:

   1. Inspect and review their education records;
   2. Seek an amendment of their education records, where appropriate;
   3. Limit disclosure to others of personally identifiable information contained in education records without the student's prior consent; and
   4. File formal complaints alleging a violation of FERPA with the Department of Education.
2. Definitions
   1. Education Records are records that contain information directly related to a student that are maintained by UMGC or by a third party on behalf of UMGC. The following records are not Education Records:
      1. Campus police or security ("law enforcement unit") records maintained solely for law enforcement purposes and maintained by that law enforcement unit.
      2. Employment records, except where a currently enrolled student is employed as a result of his or her status as a student.
      3. Records of a physician, psychologist, or other recognized professional or paraprofessional if made or used only for treatment purposes and available only to persons providing treatment.
      4. Records that contain only information relating to a person's activities after that person is no longer eligible to enroll at UMGC, unless those records are directly related to activities that occurred while the student was eligible to enroll.
      5. Records of applicants for admission who have not enrolled in classes at UMGC.
   2. Disclosure means to permit access to, or the release, transfer, or other communication of student information contained in Education Records by any means, including oral, written, or electronic means, to any party except the party that provided or created the record.
   3. Student for the purposes of this policy, means an individual who is or has been enrolled at UMGC.
   4. Custodian means the Registrar, who serves as UMGC’s Custodian of Education Records.
3. Inspection and Review of Education Records by Students
   1. Right of Access: Each student has a right of access to his or her Education Records, except financial records of the student's parents and confidential letters of recommendation received prior to January 1, 1975.

   2. Requests to review or inspect education records should be addressed to the Custodian at:

      University of Maryland Global Campus
      Office of the Registrar
      3501 University Blvd E
      Adelphi, MD 20783
      studentrecords@umgc.edu

   3. Procedure to Request Review or Inspection of Education Records
      1. Requests for review and/or inspection of Education Records should be made in writing to the Custodian as outlined above.
      2. The Custodian or designee shall respond to a request for access within 45 calendar days of a request.
      3. The Custodian or designee will make arrangements for access and notify the student of the options available to inspect the records in the presence of a staff member or if that is not feasible, the student may request copies of their education records by contacting studentrecords@umgc.edu.
      4. If copies of Education Records are sent electronically, those records shall be encrypted to ensure security of the information contained within it.
      5. For UMGC transcript requests see Requesting Transcripts and Enrollment Verification page. Standard fees apply for copies of official transcripts.
      6. UMGC will not provide copies of any transcripts from other institutions in the student's education records.
4. Amendment of Education Records by Students
   1. Request to Amend Education Records: A student who believes that his or her Education Records are inaccurate, misleading, or in violation of the student’s rights of privacy may ask the Custodian to amend the record. This request must be submitted to studentrecords@umgc.edu. Within 45 calendar days after the amendment request is submitted, the Custodian or designee will decide whether to amend the records. If the Custodian or designee decides not to amend the record, he or she will inform the student of the right to a hearing within that timeframe.
   2. Hearings
      1. A student may submit a written request for a hearing to challenge the content of his or her Education Records to the Custodian or designee.  The written request must state what records the student believes are inaccurate, misleading, or in violation of the privacy rights of the student and the reasons for the request for amendment.
      2. A hearing will be conducted by the Custodian or designee. The hearing may take place via telephone, video conferencing, or other electronic means. The student will be given an opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney.
      3. Within 45 calendar days after the conclusion of a hearing, the Custodian or designee will notify the student in writing of the decision. The written decision will include a summary of the evidence and the reasons for the decision.
         1. If the Custodian or designee determines that the Education Record is inaccurate, misleading, or in violation of the privacy of the student, the Education Records will be amended. The Custodian or designee will inform the student of the amendment in writing.
         2. If the Custodian or designee decides that the Education Records is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, then the student will be informed of the right to place a statement in the record commenting on the contested information in the Education Records and/or stating why he or she disagrees with the decision of the Custodian or designee. Any such explanation will be kept as part of the student's education record as long as the contested portion of the record is kept and shall be disclosed whenever the contested portion of the record is disclosed.
5. Disclosures
   1. Prior Consent
      1. The Custodian will provide the Education Records or personally identifiable information contained within it to a third party if the student provides prior written or electronic consent that the records or information contained therein may be disclosed.
      2. For prior written or electronic consent to be sufficient, the student must provide:
         1. A description of the Education Records or information that may be disclosed;
         2. The purpose for the disclosure;
         3. The identity of the person(s) to whom the disclosure is to be made;
         4. The student’s signature; and
         5. The date the student signed the consent.
      3. Students should submit a Student Records Release Form to the Custodian to consent to the disclosure of the student’s Education Records.
      4. At the student's request and expense, a copy of the Education Records disclosed will be provided to the student.
   2. Disclosures Not Requiring Prior Consent: Prior consent is not required for disclosure of Education Records or the personally identifiable information contained within it in the following circumstances:
      1. Directory Information
         1. Information from a student’s Education Record designated as “Directory Information” may be disclosed to third parties without prior consent, unless a student has submitted a FERPA Directory Opt-In/Opt-Out & Confidential Hold Request to the University. A third party does not include a school official with a legitimate educational interest, as defined herein.
         2. UMGC designates the following categories of information as directory information:
            1.  Name;
            2. Major field of study;
            3. Dates of Attendance
            4. Degrees, honors, and awards received;
         3. Request for Non-Disclosure of Directory Information and Revocation
            1. Students may request to restrict the release of Directory Information to third parties by submitting a   FERPA Directory Opt-In/Opt-Out & Confidential Hold Request.
            2.  Once the form has been submitted and processed, all Directory Information will be withheld and not disclosed to a third party, unless the disclosure is required by law.
            3. While the form remains in effect the student’s Directory Information will not appear in commencement materials.
            4. This decision remains in effect until the student submits another FERPA Directory Opt-In/Opt-Out & Confidential Hold Request.
      2. The disclosure is to other school officials within the University System of Maryland or UMGC who have legitimate educational interests.
         1. “School officials” include:
            1. Instructional or administrative personnel who are or may be in a position to use the information in furtherance of a legitimate educational objective, such as to provide student services or to pursue a debt owed to UMGC. This includes, but is not limited to, faculty, staff members, and security personnel.
            2. A contractor, consultant, volunteer, or other party to whom UMGC has outsourced institutional services or functions instead of employees while under the direct control of UMGC. The contractor, consultant, volunteer, or other party will not redisclose personally identifiable information and will destroy the information when it is no longer needed for those purposes.
         2. "Legitimate educational interests" include interests directly related to the academic environment.
            1. Information requested is necessary for the official to perform appropriate tasks that are specified in his or her position description or contract agreement.
            2. The information is to be used within the context of official school business and not for purposes extraneous to the official’s areas of responsibilities.
            3. The information is to be used consistently with the purposes for which the data are maintained.
      3. The disclosure is to officials of other schools in which a student seeks to enroll or is enrolled, for purposes related to the student's enrollment or transfer. Upon his or her request and at his or her expense, the student will be provided with a copy of the records that have been transferred.
      4. The disclosure is to authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state or local educational authorities.
      5. The disclosure is to authorized persons and organizations in connection with a student's application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms and conditions.
      6. The disclosure is to State and local officials to whom, according to effective state law adopted prior to November 19, 1974, such information is specifically required to be reported.
      7. The disclosure is to organizations conducting educational studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, pursuant to a written agreement. The studies shall be conducted so as not to permit personal identification of students or parents to individuals other than the representatives of the organization conducting the study who have legitimate interests in the information, and the information is destroyed or returned to UMGC when it is no longer needed for those purposes.
      8. The disclosure is to accrediting organizations for purposes necessary to carry out their functions.
      9. The disclosure is to the parent of a student who is dependent for income tax purposes. (Note: UMGC will require documentation of dependent status, such as copies of income tax forms.)
      10. The disclosure is to comply with a judicial order or lawfully issued subpoena. Unless expressly prohibited by the subpoena, UMGC will make a reasonable effort to notify the student or parent of the order or subpoena in advance of compliance to give them time to seek protective action, unless:
          1. the subpoena is issued by a Federal grand jury and the court ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed, or
          2. the subpoena is issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
      11. The disclosure is to comply with an ex parte order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
      12. The disclosure is in connection with a health or safety emergency to protect the health or safety of a student or other individuals.
      13. The disclosure is to an alleged victim of any crime of violence or non-forcible sex offense, of the results of any disciplinary proceeding conducted by UMGC against the alleged perpetrator of that crime or offense with respect to that crime or offense.
      14. The disclosure is to an alleged victim of any crime of violence of the results of any disciplinary proceeding conducted by UMGC against the alleged perpetrator of that crime with respect to that crime.
      15. The disclosure concerns sex offenders and other individuals required to register under 42 U.S.C. 14071 and the information was provided to UMGC under that federal law or applicable federal regulations.
   3. Record of Disclosures
      1. UMGC maintains with the student's Education Records a record of each request and each disclosure, except for:
         1. Disclosures to the student himself or herself
         2. Disclosures made pursuant to the consent of the student (the consent itself suffices as a record)    
         3. Disclosures to USM instructional or administrative officials
         4. Disclosures of directory information (unless done pursuant to the consent of the student)       
         5. When information from an Education Record is disclosed pursuant to a health or safety emergency, UMGC will maintain a record with the following additional information:
            1. The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure, and
            2. The parties to whom UMGC disclosed the information

6. Right to File Complaint

   A student alleging that UMGC has not complied with the Family Educational Rights and Privacy Act (FERPA) may file a student grievance in accordance with UMGC's Student Grievance Procedures (UMGC Policy V-1.02) or submit a written complaint to:

   Family Policy Compliance Office
   U.S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202-4605