The Family Educational Rights and Privacy Act, commonly referred to as FERPA, is a federal law that protects the privacy of student education records. Enacted in 1974, FERPA applies to all educational institutions that receive funding from the U.S. Department of Education, including elementary and secondary schools, colleges, and universities. The law’s primary purpose is to safeguard students’ rights by limiting who can access their educational records and under what circumstances.
Key Provisions of FERPA
At its core, FERPA gives parents and eligible students certain rights regarding their educational records. These rights include:
The Right to Inspect and Review: Parents and eligible students have the right to inspect and review the student’s education records maintained by the school. Schools must comply with requests for record inspections within 45 days.
The Right to Request Amendments: If a parent or eligible student believes the education record contains information that is inaccurate, misleading, or in violation of the student’s rights, they can request that the school amend the record. The school must decide whether to amend the record within a reasonable timeframe. If the school decides not to amend the record, it must inform the parent or eligible student of their right to a hearing.
The Right to Consent to Disclosure: Generally, schools must have consent from a parent or eligible student before disclosing personally identifiable information from the student’s education records. However, FERPA does allow schools to disclose those records, without consent, to certain parties or under certain conditions, such as to school officials with legitimate educational interests, to other schools to which a student is transferring, or in connection with financial aid for which the student has applied.
The Right to File a Complaint: Parents and eligible students who believe their rights under FERPA have been violated can file a complaint with the Family Policy Compliance Office (FPCO) at the U.S. Department of Education.
Who is Protected Under FERPA?
- Parents: Have rights under FERPA until their child reaches the age of 18 or begins attending a postsecondary institution, whichever comes first.
- Eligible Students: Are those who have reached the age of 18 or are attending a postsecondary institution. At this stage, rights under FERPA transfer from the parents to the student.
FERPA’s Impact on Educational Institutions
Schools receiving federal funding must comply with FERPA’s requirements, which include:
- Annual Notification: Schools must notify parents and eligible students annually of their rights under FERPA.
- Record Keeping: Schools must maintain education records in a way that protects student privacy, including ensuring that only authorized individuals have access to the records.
- Directory Information: Schools can disclose certain “directory information” (e.g., name, address, phone number) without consent, but parents and eligible students must be given the opportunity to opt-out of such disclosures.
Understanding Directory Information
Directory information is a specific category under FERPA that includes details such as a student’s name, address, telephone listing, date and place of birth, honors and awards, and dates of attendance. Schools can release this information without prior consent, but they must inform parents and eligible students about the categories of directory information and allow them a reasonable time to request that the school not disclose any or all of such information about the student.
Balancing Privacy with Information Sharing
In modern educational environments, the need to share information for legitimate educational purposes must be balanced against the privacy rights afforded by FERPA. This balance is crucial, especially in situations involving health and safety emergencies, where disclosing certain information might be necessary to protect the student or others.
Best Practices for Compliance
Educational institutions should develop policies and procedures that clearly outline how FERPA will be implemented on their campuses. This includes training for faculty and staff on FERPA’s requirements, secure storage and management of education records, and transparent communication with parents and eligible students about their rights under the law.
Conclusion
FERPA plays a critical role in protecting the privacy and confidentiality of students’ educational records. Understanding and complying with FERPA’s provisions is essential for educational institutions to respect the rights of students and their families, ensuring that educational environments foster trust, privacy, and the freedom to learn without undue concern for the misuse of personal information.
What does FERPA stand for and what is its primary purpose?
+FERPA stands for the Family Educational Rights and Privacy Act. Its primary purpose is to protect the privacy of students’ educational records.
Who is considered an eligible student under FERPA?
+An eligible student is one who has reached the age of 18 or is attending a postsecondary institution.
What is directory information under FERPA?
+Directory information includes student details such as name, address, and dates of attendance, which can be disclosed without consent unless the student or parent has opted out.
