Gavin Howe
The Family Educational Rights and Privacy Act (FERPA) is a federal law that governs how researchers can obtain data about students' disciplinary status from academic records. FERPA, passed in 1974, regulates the educational eligibility of students, giving parents the right to view and control their children's records. These rights are transferred to the students themselves when they turn 18 or study outside the high school level. FERPA is crucial for researchers seeking to use academic records for studies involving student data, including disciplinary information. Researchers must obtain written permission from students or their parents to access such data. In addition to FERPA, other regulations that govern research in public schools include the Protection of Pupil Rights Amendment (PPRA) and Subpart D of 45 CFR 46.
| Characteristics | Values |
|---|---|
| Name of the Federal Regulation or Law | Family Educational Rights and Privacy Act (FERPA) |
| Year of enactment | 1974 |
| Applicability | All educational institutions that receive federal funding |
| Rights | Parents and eligible students have the right to access and control their educational records |
| Exceptions | Directory information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance can be disclosed without consent |
| Related Regulations | PPRA, Subpart D of the federal regulations, No Child Left Behind Act |
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What You'll Learn
The Family Educational Rights and Privacy Act (FERPA)
FERPA applies to educational agencies and institutions, such as schools, that receive funding under any program administered by the Department of Education. It provides requirements for the proper release of information pertaining to students' educational records. Schools must notify parents or eligible students annually of their rights under FERPA. FERPA also requires that schools obtain written permission from parents or eligible students before releasing any information regarding the student's education record.
The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99. The three categories of FERPA-protected information are educational information, personally identifiable information (PII), and directory information. PII can only be disclosed if the educational institution obtains the signature of the parent or student (if the student is 18 or older), specifically stating the reasons and parameters of use. Directory information is information contained in a student's education record that would generally not be considered harmful or an invasion of privacy if disclosed, such as the student's name, telephone number, and address.
The FERPA education record includes a range of information about a student that is maintained by the school in any recorded way, including handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. It also includes immunization/health records, records and services provided under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, and Title II of the Americans with Disabilities Act of 1990. In general, schools must obtain consent before disclosing any information from a student's education record, but there are some exceptions, such as in cases of emergency where the release of information is necessary to protect the health or safety of the student or other individuals.
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The Protection of Pupil Rights Amendment (PPRA)
- Political affiliations or beliefs of the student or the student's parent
- Mental or psychological problems of the student or the student's family
- Sexual behaviour or attitudes
- Illegal, anti-social, self-incriminating, or demeaning behaviour
- Critical appraisals of individuals with whom respondents have close family relationships
- Legally recognised privileged or analogous relationships, such as those of lawyers, physicians, and ministers
- Religious practices, affiliations, or beliefs of the student or student's parent
- Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)
The PPRA also concerns marketing surveys, student privacy, parental access to information, and the administration of certain physical examinations to minors. The rights under PPRA transfer from the parents to a student who is 18 years old or an emancipated minor under state law. The PPRA applies to the programs and activities of a State Educational Agency (SEA), Local Educational Agency (LEA), or other recipients of funds under any program funded by the US Department of Education.
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Subpart D of 45 CFR 46
The regulation requires that research involving children presents no greater than minimal risk to the participants. In cases where the research involves greater than minimal risk, it must present the prospect of direct benefit to the individual child subjects.
The regulation also outlines the role of Institutional Review Boards (IRBs) in reviewing and approving research covered by Subpart D. IRBs must ensure that adequate provisions are made for soliciting the assent of children and the permission of their parents or guardians. In certain circumstances, such as when the intervention or procedure holds out a prospect of direct benefit to the children's health or well-being, the IRB may waive the assent requirement.
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The No Child Left Behind Act
The NCLB aimed to increase school accountability for student educational outcomes and reduce disparities. It mandated standards-based education reform, emphasising annual testing, annual academic progress, report cards, and teacher qualifications. The act did not set national achievement standards but allowed each state to develop its own. To receive federal funding, states had to administer assessments to students at select grade levels.
The NCLB also expanded the federal role in public education by addressing issues such as drug and alcohol use, violence, and community service for expelled students. It provided funding for states to enable expelled students to perform community service. Additionally, it established programs like Early Reading First and Improving Literacy Through School Libraries to enhance reading readiness and access to up-to-date library resources.
The act generated significant controversy, with critics arguing that it increased the federal government's role in education. Despite this, it passed with bipartisan support and had a notable impact on teaching, learning, and school improvement. However, by 2015, bipartisan criticism led to Congress replacing the NCLB with the Every Student Succeeds Act, giving more control to the states.
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The Health Research Extension Act (HREA)
The HREA also addresses the organisation and operation of animal care committees. It requires entities conducting biomedical and behavioural research with funds provided under the Act to establish animal care committees. These committees are responsible for reviewing the care and treatment of animals in all animal study areas and facilities of the research entity. Reviews must be conducted at least semi-annually to evaluate compliance with applicable guidelines.
The Public Health Service Policy on Humane Care and Use of Laboratory Animals (PHS Policy) is implemented by the Office of Laboratory Animal Welfare (OLAW), located within the National Institutes of Health (NIH). OLAW is responsible for issuing policy guidance, interpretation, and general notices regarding the PHS Policy. The PHS Policy applies to the use of live vertebrate animals in any activity supported or conducted by PHS agencies and the US Department of Health and Human Services components.
The HREA also addresses the suspension or revocation of grants or contracts if the conditions of animal care, treatment, or use do not meet applicable guidelines. The Director of NIH is authorised to take such actions under certain conditions.
The regulatory structure for laboratory animals is similar across species, and the HREA is one of two main federal laws relating to animals in research, along with the Animal Welfare Act. The HREA vests responsibility in the Department of Health and Human Services (DHHS) and OLAW, which sets forth the PHS Policy. The PHS Policy defines the responsibilities of institutions receiving funds from PHS agencies and outlines specific requirements for an Institutional Animal Care and Use Committee (IACUC). The IACUC Guidebook is a comprehensive resource for understanding IACUC issues and standards for institutional policies, husbandry, veterinary care, and the physical environment of laboratory animals.
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Frequently asked questions
The Family Educational Rights and Privacy Act (FERPA) is the federal regulation that governs how researchers can obtain data about subjects' disciplinary status in school from academic records.
FERPA gives certain rights to parents and eligible students regarding the educational records of the children. It regulates the disclosure of information about a person's educational background, permits parents to contest elements of that background, and places restrictions on how that information is made public.
PPRA gives parents some level of control over their child's participation in third-party survey research or exposure to instructional materials developed by researchers.
Subpart D, Additional HHS Protections for Children, specifically prohibits the use of exemption for research involving survey procedures, interview procedures, or participant observation when the researcher participates in the activities being observed.
The Animal Welfare Act (AWA) and the U.S. Government Principles for Utilization and Care of Vertebrate Animals Used in Testing, Research, and Training are two examples of federal regulations that govern research involving animals. There are also federal regulations that govern research misconduct and NIH-funded activities.
