Ferpa Law: Who Does It Protect And Why?

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law that was enacted in 1974 to protect the privacy of students and their educational records. FERPA applies to any educational institution that receives federal funding, including public and private elementary, secondary, and post-secondary schools, as well as state and local education agencies. The law grants parents (and students aged 18 or older) access to the student's educational records and protects that information from disclosure to third parties without parental consent.

Parents' rights

The Family Educational Rights and Privacy Act (FERPA) grants parents (and students aged 18 or older) certain rights with respect to their children's education records. These rights transfer to the student when they turn 18 or attend a school beyond the high school level.

Parents have the right to:

• Inspect and review their children's education records. Schools must accommodate any inspection request within 45 days of receipt.
• Request corrections to their children's education records if they believe them to be inaccurate, misleading, or in violation of the student's privacy. If the school denies the request, parents have the right to a hearing to review the school's decision.
• Withhold consent to the disclosure of personally identifiable information from their children's education records, except under certain circumstances.

FERPA also requires educational institutions to:

• Provide requested data within 45 days.
• Accommodate changes to student records.
• Annually inform parents and eligible students of their data rights.

Students' rights

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law that protects the privacy of student education records. It grants parents certain rights with respect to their children's education records, which transfer to the student when they turn 18 or attend a school beyond the high school level.

Right to Inspect and Review Education Records

Eligible students have the right to inspect and review their education records. Schools must accommodate any inspection request within 45 days of receiving the request. If a student is unable to inspect the records in person, the school must provide copies or make other arrangements for the student to access the records.

Right to Seek Amendment of Education Records

Eligible students have the right to request the amendment of education records that they believe are inaccurate, misleading, or in violation of their privacy. If the school denies the request, the student has the right to a hearing to review the school's decision.

Right to Control Disclosure of Information from Education Records

Eligible students have the right to consent or withhold consent to the disclosure of personally identifiable information contained in their education records, with certain exceptions. Schools may disclose information without consent in emergency situations where the health and/or safety of students is at risk.

It is important to note that FERPA only applies to educational institutions that receive federal funding, which includes public schools and most private institutions.

School funding

The impact of FERPA on school funding can be seen in the following ways:

• Federal Funds Withholding: FERPA has the power to withhold federal funds from schools that exhibit a "policy or practice" of improperly disclosing student education records. This serves as a strong deterrent for schools, as they risk losing essential financial support if they fail to uphold FERPA's privacy standards.
• Compliance Requirements: Schools must ensure that they have the necessary resources and procedures in place to comply with FERPA. This may include investing in secure record-keeping systems, training staff on FERPA regulations, and establishing protocols for handling student records. Schools bear the responsibility of ensuring compliance, which can impact their overall financial planning and resource allocation.
• Parental and Student Rights: FERPA grants parents and students over the age of 18 the right to access, review, and request amendments to their educational records. Schools are required to accommodate these requests without charging any fees for granting access. This can influence the allocation of resources within schools to ensure they have the capacity to handle such requests effectively.
• Disclosure of Information: FERPA prohibits schools from disclosing personally identifiable information from student records without parental consent. However, there are exceptions that allow disclosure to specific parties, such as school officials, other educational institutions, and certain government agencies. Schools must carefully navigate these exceptions to avoid potential funding repercussions and maintain the trust of their student body.
• Financial Aid: FERPA recognizes the importance of protecting student privacy in matters of financial aid. Schools are permitted to disclose information related to financial aid applications and eligibility without parental consent. This ensures that financial aid processes remain secure and compliant with privacy regulations.

Overall, FERPA's impact on school funding serves to uphold the privacy rights of students and their parents. Schools must be vigilant in their compliance with FERPA to maintain their eligibility for federal funding, which is crucial for sustaining their operations and serving their student population effectively.

Disclosure of information

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law that was enacted in 1974 to protect the privacy of students and their educational records. The Act provides for the right of eligible students and parents to inspect and review their educational records, request an amendment to records that are believed to be inaccurate, and require the College to obtain written consent prior to disclosure of personally identifiable information, except in specific circumstances.

FERPA governs the disclosure of information from student educational records, and generally requires schools to obtain written consent from parents or eligible students before releasing any personally identifiable information. However, there are several exceptions that allow the release of student records without consent to certain parties or under specific conditions.

Firstly, schools may disclose information from student educational records to school officials with a legitimate educational interest. This includes individuals employed by or under contract with the school, such as teachers, administrative staff, and support staff.

Secondly, schools may release student records to other educational institutions where the student seeks or intends to enrol. This facilitates the transfer of academic records and ensures continuity in the student's educational journey.

Thirdly, disclosure of student records is permitted to specified officials for audit and evaluation purposes, particularly in connection with federal or state-supported education programs. This ensures accountability and transparency in the use of public funds for education.

Next, schools may disclose information to appropriate parties in connection with financial aid for which the student has applied. This coordination helps determine eligibility for financial aid, as well as the amount, conditions, and enforcement of such aid.

Additionally, schools may provide student records to organisations conducting studies, research, or data collection on behalf of the school or for the improvement of instruction and educational practices. It is important to note that these organisations must not disclose the identities of students or parents to anyone outside of the organisation.

Another exception to the consent requirement is the disclosure of student records to accrediting organisations. This is done to ensure that educational institutions maintain certain standards and quality in their academic programs.

In cases of health and safety emergencies, schools are permitted to disclose student records to appropriate officials to ensure the well-being and safety of the students and the wider community.

Furthermore, student records may be released to state and local authorities within a juvenile justice system, as long as the disclosure is made pursuant to specific state laws.

Lastly, schools must comply with judicial orders or lawfully issued subpoenas and may disclose student records to the relevant parties in such legal proceedings.

While FERPA provides strong protections for student privacy, it is important to note that it does not prohibit the disclosure of all information. Schools are allowed to release "directory information," which includes basic demographic details such as a student's name, address, phone number, honours, and awards. However, parents and eligible students have the right to opt out of the disclosure of this directory information if they wish to maintain greater privacy.

Enforcement

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law that was enacted in 1974 to protect the privacy of students and their educational records. FERPA applies to any educational institution that receives federal funding, including public and private elementary, secondary, and post-secondary schools, as well as state and local education agencies.

The U.S. Department of Education (DOE) is responsible for enforcing FERPA. They publish binding rules for FERPA compliance in the Federal Register and issue opinion letters that provide guidance on what is considered a violation. While individuals cannot bring a private lawsuit under FERPA, students or parents who feel their rights have been infringed can file a complaint with the DOE. Financial penalties are imposed only if the DOE determines that the school will refuse to comply with FERPA voluntarily. To date, no financial penalties have been issued for FERPA violations.

FERPA gives students and parents certain rights regarding their educational records. Students have the right to inspect and review their education records, request corrections, and control the disclosure of personally identifiable information. Parents have the same rights until the student turns 18 or attends a post-secondary institution, at which point the rights transfer to the student.

There are exceptions to FERPA that allow for the release of student records without consent in certain circumstances. For example, records may be disclosed to school officials with a legitimate educational interest, to other schools where the student seeks to enroll, for audit and evaluation purposes, to accrediting organizations, and in cases of health and safety emergencies. Additionally, FERPA allows schools to release "directory information," such as a student's name, address, and phone number, without consent, unless the student or parent opts out.

FERPA also outlines records that are not considered education records and are therefore not protected under the law. These include sole possession records of school officials, law enforcement records, records related to non-student employees, and records obtained after an individual is no longer a student at the institution.

It is important to note that FERPA only applies to the disclosure of educational records and does not protect the confidentiality of information in general. Information obtained through personal knowledge or observation, such as interviews or surveys, is not protected under FERPA.

Frequently asked questions