Family Educational Rights and Privacy Act (FERPA): A Comprehensive Guide for Families

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It applies to all schools that receive funding from the U.S. Department of Education.

What is FERPA?

FERPA is a federal law that was enacted in 1974. It is also known as the Buckley Amendment. The purpose of FERPA is to protect the privacy of student education records. FERPA gives parents and eligible students the right to:

• Inspect and review their education records
• Request that inaccurate or misleading information be corrected
• Consent to the release of their education records

Who is Protected by FERPA?

FERPA protects the privacy of all students who attend schools that receive funding from the U.S. Department of Education. This includes students of all ages, from preschool through graduate school.

What Records Are Protected by FERPA?

FERPA protects the privacy of all education records that are:

• Maintained by a school
• Directly related to a student
• Not public records

Education records include, but are not limited to:

• Academic transcripts
• Grade reports
• Attendance records
• Discipline records
• Health records
• Teacher comments
• Counselor notes

Who Can Access Student Records?

Under FERPA, schools can release student records to the following individuals and organizations without the consent of the student or parent:

• School officials with a legitimate educational interest
• Parents of students under the age of 18
• Eligible students who are 18 years of age or older
• Certain government officials
• Schools to which the student is transferring
• Accrediting organizations
• Courts
• In response to a subpoena

When Can Schools Release Student Records?

Schools can release student records without the consent of the student or parent in the following situations:

• To comply with a subpoena or court order
• To protect the health or safety of the student or others
• To prevent a serious breach of school rules
• To provide information to law enforcement officials

What Are the Penalties for Violating FERPA?

Schools that violate FERPA may be subject to fines and other penalties. The U.S. Department of Education can also take action against schools that violate FERPA, such as withholding funding or revoking accreditation.

FERPA and Social Media

FERPA does not specifically address social media. However, schools should be careful about posting student information on social media without the consent of the student or parent. Schools should also be aware that FERPA does not protect student information that is posted on social media by students themselves.

FERPA and Technology

FERPA applies to all student records, regardless of whether they are stored in paper or electronic format. Schools should take steps to protect the privacy of student records that are stored electronically. This includes using secure passwords and encryption.

Common Mistakes to Avoid

Schools should avoid the following common mistakes when handling student education records:

• Releasing student records without the consent of the student or parent
• Failing to protect the privacy of student records
• Using student information for marketing purposes

How to Step-by-Step Approach

If you believe that your school has violated FERPA, you can take the following steps:

• Contact the school principal or superintendent
• File a complaint with the U.S. Department of Education
• File a lawsuit

Pros and Cons

Pros of FERPA:

• Protects the privacy of student education records
• Gives parents and students access to student records
• Allows parents to correct inaccurate or misleading information

Cons of FERPA:

• Can be difficult to enforce
• Does not protect student information that is posted on social media by students themselves

FAQs

1. What is the purpose of FERPA?

FERPA is a federal law that protects the privacy of student education records.

2. Who is protected by FERPA?

All students who attend schools that receive funding from the U.S. Department of Education are protected by FERPA.

3. What records are protected by FERPA?

All education records that are maintained by a school, are directly related to a student, and are not public records are protected by FERPA.

4. Who can access student records?

School officials with a legitimate educational interest, parents of students under the age of 18, eligible students who are 18 years of age or older, certain government officials, schools to which the student is transferring, accrediting organizations, courts, and law enforcement officials can access student records.

5. When can schools release student records?

Schools can release student records without the consent of the student or parent to comply with a subpoena or court order, to protect the health or safety of the student or others, to prevent a serious breach of school rules, to provide information to law enforcement officials, and to schools to which the student is transferring.

6. What are the penalties for violating FERPA?

Schools that violate FERPA may be subject to fines and other penalties. The U.S. Department of Education can also take action against schools that violate FERPA, such as withholding funding or revoking accreditation.

Conclusion

FERPA is an important law that protects the privacy of student education records. Schools should be aware of their obligations under FERPA and should take steps to comply with the law.

Tables

Table 1: FERPA Protections for Students

Table 2: FERPA Protected Records

Table 3: FERPA Exceptions