FERPA (Family Educational Rights and Privacy Act) is a U.S. federal law that protects the privacy of student education records. Enacted in 1974, it gives parents certain rights regarding their children’s education records, which transfer to the student when they turn 18 or attend a school beyond the high school level (becoming “eligible students”).
Key Provisions of FERPA:
- Rights to Access Records:
- Parents or eligible students have the right to inspect and review the student’s education records maintained by the school. Schools must comply with the request within 45 days.
- Rights to Request Amendment:
- Parents or eligible students can request the school to correct records they believe are inaccurate or misleading. If the school declines to amend the record, the parent or student has the right to a formal hearing.
- Consent for Disclosure:
- Schools must have written permission from the parent or eligible student to release any information from a student’s education record. However, there are several exceptions, such as disclosures to school officials with legitimate educational interests or to other schools to which a student is transferring.
- Directory Information:
- Schools may disclose “directory information” (e.g., a student’s name, address, phone number, date of birth, etc.) without consent, but must inform parents and students and give them the opportunity to opt-out of such disclosures.
- Protection of Personally Identifiable Information (PII):
- FERPA safeguards against the unauthorized sharing of PII from student records, ensuring that sensitive information is kept private and secure unless there is consent or a valid exception.
Exceptions to Consent Requirement:
- School officials with legitimate educational interests.
- Other schools where the student intends to enroll.
- State and local education authorities as part of audits or evaluations.
- Financial aid applications.
- Health and safety emergencies.
Enforcement:
- The U.S. Department of Education’s Family Policy Compliance Office (FPCO) enforces FERPA. Schools that violate FERPA risk losing federal funding.
