Navigating Maryland Student Directory Information: A Comprehensive Guide
Privacy laws play a crucial role in safeguarding student information within educational institutions in Maryland. These laws act as a shield, ensuring the confidentiality of sensitive student data and preventing unauthorized disclosure. Understanding these regulations is essential for all stakeholders in the education system, including students, parents, guardians, and teachers, to actively protect students' privacy rights.
Understanding the Cornerstone: The Family Educational Rights and Privacy Act (FERPA)
At the heart of privacy laws governing school records is the Family Educational Rights and Privacy Act (FERPA), a federal law that establishes stringent guidelines to protect the privacy of student education records. Enacted in 1974, FERPA initially addressed the use of directory information in school-sponsored publications. It has evolved to address the challenges posed by the internet and the increasing value of student information for commercial and non-educational purposes.
Under FERPA, educational institutions must obtain prior written consent before disclosing personally identifiable information (PII) from a student's education records. PII includes details such as academic performance, attendance records, and disciplinary actions. FERPA ensures that students can control who accesses their educational information.
Exceptions to Prior Consent
FERPA includes exceptions that allow schools to disclose PII without prior consent in specific situations, balancing privacy with the need to share information. These exceptions include:
Disclosure to school officials: Disclosure is to other school officials within the University System of Maryland or UMGC who have legitimate educational interests. "School officials" include: 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. 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.
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Transfer to other schools: 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.
Financial aid: 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.
State and local officials: 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.
Educational studies: 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.
Accrediting organizations: The disclosure is to accrediting organizations for purposes necessary to carry out their functions.
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Dependent students: 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.)
Judicial order or subpoena: The disclosure is to comply with a judicial order or lawfully issued subpoena.
Health and safety: If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
Disciplinary proceedings: (13) The disclosure, subject to the requirements in §99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. (14)(i) The disclosure, subject to the requirements in §99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education.
Maryland's Complementary Privacy Laws
Alongside federal regulations like FERPA, Maryland has its own set of privacy laws specific to school records. These state laws complement FERPA and provide additional and more detailed protections for student information. Maryland law mandates that educational agencies must get prior written consent from the eligible student, the student’s parent, or their legal guardian before disclosing any personal information from education records.
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Directory Information in Maryland
Schools in Maryland can disclose directory information without consent. This can include a student’s name and dates of attendance, for example. The Family Educational Rights and Privacy Act (FERPA) enables schools or school districts to share directory information with any person or organization outside the school/district without parental consent - but only when the school/district provides public notice to parents first. FERPA allows schools/districts to adopt their own directory information policies, but if they choose to provide students’ directory information to a limited number of third parties, their public notice to parents must specify the individuals, groups or companies who may receive directory information and/or for what purposes.
Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s or eligible student’s prior written consent. Parents or eligible students have the right to restrict the school system from releasing any of the below categories of information about their child. At the beginning of each school year, parents or eligible students should indicate their wishes when completing Family File.
Access to School Records
In Maryland, access to school records is typically restricted to authorized persons, including school officials with legitimate educational interests and parents or eligible students. Parents or eligible students have the right to access and review the student’s education records. Under FERPA, parents and eligible students have the right to inspect, review, and receive a copy of the student’s education records within 45 calendar days of the day the school receives a written request for access. The school principal or designated school official will make arrangements for access and notify the parent or eligible student of the time and place where the student’s record may be inspected.
Amendment of Education Records
Amendment of Education Records by StudentsRequest 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. 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.
HearingsA 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.
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.
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.
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.
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.
Parents and eligible students have the right to request the amendment of the student’s education records should they believe the records are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Parents or eligible students who wish to ask the school to amend the education records should write to the school principal, clearly identify the part of the record they want revised, and specify why it should be revised. If the school decides not to amend the record as requested by the parent or eligible student, the school will notify the parent or eligible student of the decision and of their right to a hearing regarding the request for amendment.
Maryland Longitudinal Data System (MLDS)
The Maryland Longitudinal Data System (MLDS) is a statewide data system that contains individual-level student data and workforce data from all levels of education and the state’s workforce and allows the center to organize, manage, disaggregate, and analyze individual student data.
Addressing Violations and Seeking Legal Assistance
You may want to file a complaint about school record privacy violations. Department of Education Student Privacy Policy Office. Violations can result in severe penalties at the federal level. Schools found violating FERPA may face the loss of federal funding. This includes both grants and loans. Those responsible for unauthorized disclosure of student records can also be held responsible. This means they are subject to fines or other disciplinary actions.
There may be instances where you feel your or your child’s privacy has been violated. In these situations, you have the right to seek legal help. Lawyers can help clarify legal requirements for student privacy and parental rights. Attorneys with experience in education law can provide guidance and help represent students’ rights. They can also help ensure compliance with applicable federal and state regulations. Attorneys can review subpoenas and other court orders.
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