Family Educational Rights and Privacy Act

About Student Rights

The Family Educational Rights and Privacy Act (FERPA) is a federal law aimed at protecting the privacy of student education records. Under FERPA, enrolled students at the University of New England, excluding applicants, former students, and alumni, have specific rights concerning their education records.

Right to Inspect and Review Education Records

Students can request to view their education records by submitting a signed written request to the University Registrar. Email requests are not accepted. The Registrar will inform students when they can access their records within 45 days. Students must provide valid identification before viewing records and must view the records during regular business hours, under supervision, in the designated location so as not to disrupt office operations. Any confidential, pre-1975 information, waived data, details about other students, and parental financial records will be redacted from the records provided. The Act does not require the institution to provide copies of records.

Right to Amend Education Records

Students can challenge the accuracy of recorded grades but not the judgment of the grades assigned due to their course performance. This distinction is important to ensure that students feel confident in the grading process and understand their rights.

If record discrepancies are found, students should discuss (and submit their concerns in writing) with the office maintaining the record. If unresolved, students can submit a formal written request for amendment to the University Registrar.

If denied, the University Registrar will notify the student of the decision and advise the student of the right to a hearing regarding the request for amendment. The student can then request a formal hearing from the University Registrar in writing. The University Registrar will then appoint a three-person panel to review the objection and will appoint one of the panelists to serve as chairperson. Once appointed, the panel will hold a hearing within two calendar weeks.

The panel must provide an opportunity for a presentation of evidence relative to the objection stated and render a decision in writing to the University Registrar within one week following the conclusion of the hearing. The University Registrar must inform the student in writing within ten working days of any amendment made or the decision not to amend the record.

Students will be notified in writing of the panel's decision and have the right to include a written statement in the record if they disagree.

Right to Control Disclosure of Education Records

Students have the right to provide written consent to disclosures of personally identifiable information in their education records, except where FERPA authorizes disclosure without consent.

The University of New England will disclose education records only with the student's written consent, except in specific situations, such as:

To school officials with legitimate educational interests*
To authorize federal or state officials for audit or program evaluation of federal or state-supported educational programs.
To recognize accrediting organizations to carry out their accrediting functions.
To state or local officials pursuant to the state statute concerning the juvenile justice system.
In connection with the student’s application for, or receipt of, financial aid.
To organizations conducting studies on behalf of educational agencies in connection with predictive tests, student financial aid programs, and the improvement of instruction provided that the identity of students is not revealed to anyone other than representatives of such organizations. Such information will be destroyed when it is no longer needed for the purpose for which it is conducted.
In compliance with a judicial order or subpoena, provided that every effort is made to notify the student of the subpoena or order, except where a court or other issuing agency has ordered that there be no notification.
In emergencies, appropriate persons, as determined by the custodian of the records, if the knowledge of information from the particular record is necessary to protect the health or safety of the student or other persons.
To other educational institutions for enrollment purposes
For directory information
To the student
In cases where the final results of a disciplinary hearing are disclosed to the victim of an alleged crime of violence or non-forcible sex offense.
In cases where the final results are disclosed of a disciplinary hearing involving an alleged crime of violence or non-forcible sex offense where a violation was committed.
In legal actions between the Institution and the student
To parents of students under 21 regarding the student’s violation of any Federal, State, or local law or any rule or policy of the University governing the use or possession of alcohol or a controlled substance if it is determined the student committed a disciplinary violation.

*Note: A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, National Student Clearinghouse, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee or assisting another school official in performing their task. A school official has a legitimate educational interest if they need to review an education record to fulfill their professional responsibility.

Recipients of disclosed information must be informed that they are not to share it without the student's written consent. The recipient shall also be notified in writing that if compliance with this requirement is not acceptable, all records shall be returned, unused, to the institution. The prohibition on the re-release of records does not apply in the case of disclosures of directory information, disclosures under a subpoena, court order, or litigation; disclosures to the student; or disclosures of the final results of a disciplinary hearing involving an alleged crime of violence or non-forcible sex offense where a violation was committed.

Each office maintaining education records shall keep a record for each student with that student’s education record. The record shall list all individuals, agencies, or organizations that have requested or obtained access to each disclosure of the student’s education record. Disclosures to school officials and disclosures made in response to certain subpoenas or orders described above shall not be recorded.

Right to File a Complaint

Students can file complaints with the U.S. Department of Education if they believe the University of New England has violated FERPA regulations.

Complaints should be addressed to:

U.S. Department of Education
Student Privacy Policy Office
400 Maryland Avenue, S.W.
Washington, DC 20202-4605