The Family Educational Rights and Privacy Act of 1974 (FERPA)

The Family Educational Rights and Privacy Act of 1974, commonly known as FERPA or the Buckley Amendment, is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records, which transfer to the student at age 18 or upon attendance at a postsecondary institution.

Core Rights Under FERPA

FERPA affords parents and eligible students four basic rights:

• The right to inspect and review the student's education records maintained by the school within 45 days of a request for access.
• The right to request that a school amend records which they believe to be inaccurate or misleading.
• The right to control disclosure of personally identifiable information from the student's education records, except as authorized by law.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with FERPA.

Definition of Education Records

Education records are defined as records that are directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution. This includes virtually all records maintained by the school about a student, with a few exceptions.

Records not covered by FERPA include:

• Law enforcement unit records maintained by the school
• Employment records (except for students employed by the school because of their student status)
• Medical records made and maintained in connection with treatment of a student
• Records created or received by a school after an individual is no longer a student
• Records that contain only information about an individual after they were no longer a student at that institution

Disclosure of Education Records

Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions:

• School officials with legitimate educational interest
• Other schools to which a student is transferring
• Specified officials for audit or evaluation purposes
• Appropriate parties in connection with financial aid to a student
• Organizations conducting studies for, or on behalf of, the school
• Accrediting organizations
• Parents of a dependent student as defined in the Internal Revenue Code
• To comply with a judicial order or lawfully issued subpoena
• Appropriate officials in cases of health and safety emergencies
• State and local authorities within a juvenile justice system, pursuant to specific state law

Directory Information

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow them a reasonable amount of time to request that the school not disclose directory information about them.

FERPA Rights Transfer to Student

FERPA rights transfer from the parents to the student when the student either reaches the age of 18 or enrolls in a postsecondary institution at any age. However, students may authorize their parents to access their education records by providing written consent to the school.

Record of Disclosures

Schools must maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. This record must be kept with the education records of each student as long as the records are maintained by the school.

Violations and Enforcement

The Family Policy Compliance Office (FPCO) is responsible for investigating and resolving complaints concerning alleged violations of FERPA. The FPCO is a part of the U.S. Department of Education's Office of the Chief Privacy Officer.

Schools that fail to comply with FERPA may face several consequences, including:

• Loss of federal funding: A school that fails to comply with FERPA risks losing federal funding from the Department of Education.
• Civil penalties: While rare, the Department of Education may assess civil penalties for violations of FERPA.
• Complaints against individuals: The Department of Education may file complaints against individual officials of schools that have substantially failed to comply with FERPA requirements.

FERPA and Technology

In the digital age, FERPA compliance presents new challenges. Schools must ensure that the technology solutions they use to store, manage, and transmit student education records comply with FERPA requirements. This includes learning management systems, student information systems, educational apps, and other digital platforms.

When schools use third-party services (such as cloud-based applications), they must ensure these services are designated as "school officials" with legitimate educational interests for purposes of accessing student education records. Typically, schools accomplish this through written agreements that specify the permitted uses of student data and prohibit the service's use of the data for other purposes.

FERPA in Practice: Tips for Parents and Students

FERPA and Special Education Records

Educational records related to students with disabilities are subject to both FERPA and the Individuals with Disabilities Education Act (IDEA). While FERPA governs the privacy of all student education records, IDEA provides additional protections for students with disabilities and maintains parental rights beyond the age of 18 unless the student is emancipated or the school has transferred rights to the student.

Recent FERPA Updates

The Department of Education periodically updates FERPA regulations to address emerging issues. Recent updates have addressed:

• Clarification of permissible disclosures in health and safety emergencies
• Requirements for audits and evaluations of education programs
• Provisions for "redisclosure" of education records
• Implementation procedures for electronic education record systems

Conclusion

The Family Educational Rights and Privacy Act remains a cornerstone of student privacy protection in the United States. By giving parents and students control over education records and establishing standards for schools, FERPA helps maintain the balance between educational interests and privacy rights. As education technology continues to evolve, schools, parents, and students must remain vigilant in protecting student educational information while leveraging technology to enhance learning opportunities.

For more information about FERPA, parents and eligible students should contact their school's FERPA compliance officer or the Family Policy Compliance Office of the U.S. Department of Education.

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