FERPA and Records Retention

Student Rights Under FERPA

Student rights under 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). These rights include the following:

1) The right to inspect and review the student’s education records within 45 days after the day the University of Montevallo receives a request for access.

A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. Upon receipt of the request, the University 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 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 that seeks to amend a record should write the University official responsible for the record, clearly identify the part of the record the student wants reviewed, and specify why it should be amended. If the University decides not to amend the record as requested, the student will be notified in writing of the decision and of 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 University discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without a student’s prior written consent involves to school officials with legitimate educational interests. A “school official” is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted who performs an institutional service or function (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee; or a student employee assisting 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 his or her professional responsibilities for the University.

4) 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:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920