Student Privacy/FERPA
The Family Educational Rights and Privacy Act (FERPA)
Description
The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
Regulations and Guidance
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Bowie State University (BSU) adheres to the Department of the Education’s regulations and guidance identified below.
Tutorial
BSU’s Office of the Registrar has identified 10 Take Aways for FERPA (pdf) to provide students, parents, staff and faculty with a FERPA tutorial of key legislative requirements.
Forms
- Student Consent For Access To Education Record (pdf)
This form should be used if BSU is permitted to disclose information from your education records to your parent(s), guardians or third parties. - Opt-Out Ferpa Directory Information (pdf)
This form should be used if you do not permit BSU to disclose FERPA “directory information” as outlined below. You must complete and submit this form to the Office of the University Registrar. - Opt-In Ferpa Directory Information (pdf)
This form should be used if you have previously completed a FERPA directory Opt-Out Form and would like to allow BSU to disclose FERPA “directory information” as outlined below. You must complete and submit this form to the Office of the University Registrar.
Additional Resources
- Protecting Student Privacy - Department of Education Resources
- State of Maryland Release of Information FERPA
Annual Notification of Rights
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records.
The right to inspect and review the student's education records within 45 days after the day that Bowie State University (BSU) receives the request.
A student should submit a written request to the Registrar’s Office 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.
The right to request the amendments 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 BSU to amend a record should write to the institution official responsible for the record to clearly identify the part of the record the student wants changed and specify why it should be changed.
If BSU decides not to amend the record as requested, the institution official 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.
The right to provide written consent before BSU discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
BSU 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 typically includes a person employed by the BSU or the University System of Maryland 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 disciplinary or grievance committee.
A school official also may include a volunteer or contractor outside of BSU District who performs an institutional service or function for which BSU would otherwise use its own employees and who is under the direct control of BSU 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 has a legitimate educational interest if the official needs to review an education record in order to fulfill her or her professional responsibilities for BSU. Upon request, the University also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
FERPA also permits institutions to establish and disclose without consent a student’s directory information; however, students have the right to withhold the release of any or all categories of directory information by notifying the Registrar’s Office through the submission of the Opt-Out form (found on the Registrar’s website). If this request is not submitted, directory information may be disclosed to the general public. Please note that restricting release of directory information may result in consequences such as BSU being unable to verify directory information to outside entities such as insurance companies or prospective employers.
At BSU, directory information is limited to: Student Legal Name; School and Home Address, Photograph; Date and place of birth; BSU Email Address; Telephone Number; Major Field of Study; Dates of Attendance; Degrees, Awards, and Honors Conferred; Class Standing (e.g. Senior, Junior, etc.); Prior Post-Secondary Institution; Enrollment status (full-time/part-time); Participation in Officially Recognized Activities and Sports; Weight and Height of Members of Athletic Teams.
In addition to the disclosures of PII permitted to school officials with legitimate educational interests and disclosures of unrestricted directory information, FERPA also permits the disclosure of PII from students’ education records, without consent of the student, as set forth in BSU policy III-6.30 and in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to 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 disclosures
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the university 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
