The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. The University of Maryland, Baltimore County (UMBC) adheres to FERPA guidelines and is committed to protecting student records to the extent required by law. Students have the right to inspect and review their records, request corrections, and control the release of information to third parties. While FERPA establishes general requirements for record privacy, UMBC has its own policies and procedures for record retention and release. Departments and units are generally instructed to maintain records for four years or until audit requirements are met, whichever is later. Students can access their unofficial transcripts online through myUMBC and request official transcripts through the Registrar's Office.
Characteristics | Values |
---|---|
Record Retention Period | Four years or until audit requirements are met, whichever is later. |
Record Retention Guidelines | Departments/Units can dispose of records dated prior to the retention period that meet the 4-year minimum. |
Record Retention Exceptions | Federal and state regulations and grant/contract documents may dictate longer retention periods. |
Record Retention in Case of Litigation, Claims, Complaints, or Audits | All related records must be retained until final action is taken. |
Record Disposal Cautions | Exercise caution when disposing of records containing Personally Identifiable Information (PII), Protected Health Information (PHI), or confidential financial information. |
Record Disposal Methods | Physical records containing sensitive information should be shredded. Electronic data must be securely removed from any device before it is transferred or discarded. |
What You'll Learn
UMBC's compliance with FERPA
The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that sets requirements for the privacy of student education records. The law applies to UMBC because it receives funding from the U.S. Department of Education. UMBC is committed to protecting student education records to the extent required by law.
UMBC has established policies and procedures to ensure compliance with FERPA regarding privacy and the release of student records. The university provides students with an annual notice of their rights with respect to their education records.
FERPA gives students certain rights with respect to their education records:
- Students have the right to inspect and review their education records maintained by UMBC within 45 days of the university receiving a request for access.
- Students have the right to request that UMBC correct records that they believe to be inaccurate, misleading, or in violation of their privacy rights.
- UMBC must have written permission from the student to release any information from their education record, except in specific cases authorized by FERPA.
UMBC's Privacy and Release of Student Education Records procedure outlines the university's compliance with FERPA, including the following:
- UMBC may limit the right of inspection and review when necessary to comply with other laws or regulations, such as Title IX of the Education Amendments of 1972.
- Students may waive their right of access to confidential recommendations regarding admission, employment, or honours and awards.
- UMBC designates certain information as "directory information," which may be released without student consent. This includes the student's telephone listing, electronic mail address, major field of study, grade level, enrollment status, dates of attendance, participation in activities and sports, and more.
- UMBC may release certain information without obtaining consent, such as to other UMBC officials, instructors, or contractors with legitimate educational interests; to officials at another institution where the student seeks to enroll; to authorized representatives of the U.S. government; in connection with financial aid; to organizations conducting studies for or on behalf of the university; and more.
- UMBC will maintain a record of each request and disclosure of a student's records, except for disclosures to the student themselves, disclosures with written consent, disclosures to UMBC officials, and disclosures of directory information.
- Students have the right to request an amendment to their education records and, if refused, have the right to a hearing.
- Students may file a complaint with the U.S. Department of Education concerning alleged failures by UMBC to comply with FERPA requirements.
Overall, UMBC has established policies and procedures to ensure compliance with FERPA and protect the privacy of student education records.
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Privacy and the release of student education records
The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, is a federal law that sets forth requirements designed to protect the privacy of student education records. FERPA gives students certain rights with respect to their education records, including:
- The right to inspect and review their education records
- The right to request that UMBC correct records that are inaccurate or misleading
- UMBC must have written permission from the student to release any information from their education record
UMBC adheres to a practice of compliance with FERPA and permits students to inspect their education records, limits the disclosure of personally identifiable information from education records without the student's prior written consent, and provides students with the opportunity to seek correction of their education records where appropriate.
FERPA applies to any educational institution that receives federal funding, including all public schools and most private institutions. The law withholds federal funds from any school with a policy or practice of permitting the release of education records or personally identifiable information without the consent of the adult student or parent, unless another exception applies. FERPA defines education records as all records that schools or education agencies maintain about students, including:
- Date and place of birth, parent(s) and/or guardian addresses, and emergency contact information
- Grades, test scores, courses taken, academic specializations and activities, and official letters regarding a student's status in school
- Special education records
- Disciplinary records
- Medical and health records created or collected by the school
- Documentation of attendance, schools attended, courses taken, awards received, and degrees earned
- Personal information such as a student's identification code, social security number, picture, or other information that would make it easy to identify or locate a student
FERPA also recognizes a class of basic demographic information known as "directory information," which can be released without violating the law. This includes a student's name, address, phone number, honors and awards, and other basic demographics. Schools must inform parents or eligible students of what will be disclosed and give them the opportunity to opt out.
FERPA only prevents the disclosure of education records, and does not protect the confidentiality of information in general. Information obtained through personal knowledge or observation, rather than from an education record, is not protected under FERPA. Additionally, law enforcement records created and maintained by a school or district's law enforcement unit are not considered education records under FERPA.
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Requesting access to student records
The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that sets forth requirements designed to protect the privacy of student education records. UMBC is committed to protecting the education records of students to the extent required by law.
To request access to student records, you must be either the student themselves or have written permission from the student. Students are granted the general right to inspect and review their education records, with the exception of their parents' financial records. Requests to review records must be made in writing to the responsible official of each office that maintains the records.
The university will comply with a request for access within a reasonable time, but not more than 45 days after receiving the request. Typically, arrangements will be made for the student to review their education record in the presence of a staff member.
Students can also grant others access to their records by using the Profile Sharing feature in myUMBC. To authorize the release of information to a third party, complete the form located on the Office of the General Counsel website.
Record Retention
UMBC instructs campus departments/units to maintain records for four years or until audit requirements are met, whichever is later. Federal and state regulations and grant/contract documents may dictate longer retention periods. When disposing of records, exercise caution when records contain Personally Identifiable Information (PII), Protected Health Information (PHI), or confidential financial information. Physical records containing sensitive information should be shredded, and electronic data must be securely removed from any device before it is transferred or discarded.
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Retention of records
The Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, is a federal law that sets forth requirements designed to protect the privacy of student education records. The law applies to UMBC because it receives funding from the U.S. Department of Education. UMBC is committed to protecting the education records of its students to the extent required by law. FERPA gives students certain general rights with respect to their education records:
- Students have the right to inspect and review their education records maintained by UMBC.
- Students have the right to request that UMBC correct records that they believe to be inaccurate or misleading.
- UMBC must have written permission from the student to release any information from their education record.
UMBC provides students with an annual notice of their rights with respect to their education records. The notice also outlines the university's compliance with the requirements of FERPA. Students are granted the general right to inspect and review their education records, with the exception of their parents' financial records. UMBC may limit the right of inspection and review when necessary to comply with another law or regulation.
Campus departments and units are instructed to maintain records for four years or until audit requirements are met, whichever is later. Federal and state regulations and grant/contract documents often dictate longer retention periods. It is recommended to always keep records for the longest time limit that applies. If litigation, claims, complaints, or audits are started before a retention period ends, all related records must be retained until final action is taken.
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Correction of academic records
The University of Maryland, Baltimore County (UMBC) adheres to the Family Educational Rights and Privacy Act (FERPA). This means that students have the right to inspect and review their academic records, request corrections, and limit the disclosure of their personally identifiable information without prior written consent.
Requests for correction to academic records should be directed to the Registrar's Office. Students can submit a detailed request via a Help Ticket. The request should specify the document(s) being challenged and the basis for the complaint.
Upon receiving the request, UMBC will decide whether to amend the records within a reasonable period. If the decision is to refuse the amendment, the student will be notified and advised of their right to a hearing to challenge the content of their records.
Hearing to Challenge Academic Records
If UMBC refuses to amend a student's record, the student can exercise their right to a hearing by delivering a written request to the Office of the General Counsel. The hearing will be conducted by a UMBC official or a person chosen by the university who does not have a direct interest in the outcome.
UMBC will make its decision in writing after the hearing, based solely on the evidence presented. The decision will include a summary of the evidence and the reasons for the outcome.
Personal Information Update
Students can also update their personal information, including name changes and SSN information, by completing an online form. This form will be routed to the Registrar's Office for processing, which typically takes up to five business days.
Declaration and Update of Major
Students can declare, change, or update their major(s), minor(s), and certificate(s) by completing the Declaration/Change of Major form. This form can be submitted electronically, and the changes will be reflected in the student's transcript and degree audit. If departmental approval is required, students should obtain the necessary signatures before submitting the form.
Enrollment and Degree Verification
Students can request a letter from the university verifying their enrollment or degree by submitting a request through the Registrar's Office. Enrollment verification costs $5, while degree verification costs $15. The processing time for these requests is typically three to five business days.
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Frequently asked questions
The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that sets forth requirements designed to protect the privacy of student education records. FERPA gives students certain rights, including the right to inspect and review their records, and the right to request corrections.
UMBC adheres to the FERPA guidelines and has established policies and procedures to comply with the Act. The Office of Legislative Audits completed their fiscal compliance audit of UMBC for the period beginning October 31, 2018, and ending July 15, 2023. Campus Departments/Units are instructed to maintain records for four years or until audit requirements are met, whichever is later.
Yes, students are granted the general right to inspect and review their education records, with the exception of their parents' financial records. Requests to review records must be made in writing to the responsible official of each office that maintains the records.
Yes, students have the right to request that UMBC correct records that they believe to be inaccurate or misleading. This can be done by submitting a written request to the appropriate custodian, specifying the document(s) being challenged and the basis for the complaint.