Family Educational Rights and Privacy Act (FERPA)
Learn about FERPA, the law that protects students' privacy rights and regulates access to educational records in the United States.
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Enacted in 1974, FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.
Key Provisions of FERPA
FERPA has several key provisions that govern the privacy of student education records:
- Right to Inspect and Review: Parents or eligible students have the right to inspect and review the student's education records maintained by the school.
- Right to Request Amendment: Parents or eligible students have the right to request the amendment of the student's education records if they believe the records are inaccurate, misleading, or in violation of the student's privacy rights.
- Limitations on Disclosure: Schools must generally obtain written consent from the parent or eligible student before disclosing personally identifiable information from the student's education records. There are certain exceptions to this rule, such as disclosures to school officials with legitimate educational interests or in response to a health or safety emergency.
- Notification of Rights: Schools must annually notify parents and eligible students of their rights under FERPA.
- Enforcement: FERPA is enforced by the U.S. Department of Education, which has the authority to investigate complaints and take enforcement actions against schools that violate the law.
Who is Covered by FERPA?
FERPA applies to all educational agencies and institutions that receive funding from the U.S. Department of Education. This includes public schools, private schools, colleges, and universities. It also applies to any outside parties, such as contractors or service providers, that have access to student education records on behalf of the school.
What is Considered an Education Record?
Under FERPA, an education record is any record that is directly related to a student and maintained by the school or a party acting on behalf of the school. This includes a wide range of records, such as grades, transcripts, disciplinary records, and attendance records.
Exceptions to FERPA
While FERPA generally requires written consent for the disclosure of education records, there are several exceptions to this rule. Some common exceptions include:
- Directory Information: Schools may disclose certain directory information about students without consent, such as name, address, phone number, and date of birth. However, schools must notify parents and eligible students of the types of information designated as directory information and allow them to opt out if they do not want this information disclosed.
- Health or Safety Emergencies: Schools may disclose education records without consent in cases of health or safety emergencies, such as a threat to the student or others.
- Compliance with a Subpoena: Schools may disclose education records in response to a lawful subpoena or court order.
Impact of FERPA
FERPA has had a significant impact on the way schools handle student education records and protect student privacy. By setting clear guidelines for the collection, use, and disclosure of education records, FERPA helps ensure that students and their families have control over their personal information. It also promotes transparency and accountability in the education system by requiring schools to notify parents and students of their rights under the law.
Challenges and Controversies
While FERPA is intended to protect student privacy, it has also faced criticism and challenges. Some critics argue that FERPA's restrictions on the disclosure of education records can hinder communication and collaboration among school officials, which may impact student safety and well-being. Others have raised concerns about the enforcement of FERPA and whether schools are adequately safeguarding student data in the digital age.
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