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

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. It was enacted in 1974 and has been amended several times since then.

FERPA applies to all educational institutions that receive funding from the U.S. Department of Education. This includes public and private elementary and secondary schools, colleges and universities, and vocational schools.

FERPA gives parents and eligible students certain rights regarding their educational records. These rights include:

• The right to inspect and review the student's educational records.
• The right to request that the school correct any inaccurate or misleading information in the student's educational records.
• The right to consent to the disclosure of the student's educational records to third parties.

Who is Protected by FERPA?

FERPA protects the privacy of students who are attending or have attended an educational institution that receives 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 any records that contain personally identifiable information about a student. This includes:

• Academic records, such as transcripts, grades, and test scores.
• Disciplinary records.
• Medical records.
• Counseling records.
• Financial aid records.
• Student identification numbers.
• Social Security numbers.

Who Can Access Student Educational Records?

Under FERPA, there are several categories of people who can access student educational records without the student's consent. These categories include:

• School officials with a legitimate educational interest in the records.
• Other school officials, such as teachers, counselors, and administrators, who need the records to perform their job duties.
• Parents of students who are under the age of 18.
• Eligible students who are 18 years of age or older.
• Third parties who have the student's written consent.

When Can Schools Disclose Student Educational Records?

Schools can disclose student educational records to third parties without the student's consent in certain circumstances. These circumstances include:

• To comply with a subpoena or court order.
• To provide information to other schools or educational institutions that the student is considering attending.
• To provide information to state or federal education agencies for the purpose of conducting audits or evaluations.
• To provide information to organizations that are conducting research or studies for educational purposes.

How Can Students Protect Their Privacy Under FERPA?

Students can protect their privacy under FERPA by:

• Reviewing their educational records regularly and requesting that any inaccurate or misleading information be corrected.
• Being careful about who they share their educational records with.
• Only giving their consent to the release of their educational records when they are comfortable with the purpose of the release.

What Happens if a School Violates FERPA?

If a school violates FERPA, the student or parent may file a complaint with the U.S. Department of Education. The Department of Education will investigate the complaint and may take enforcement action, such as issuing a warning letter or suspending or terminating the school's funding.

Table 1: FERPA Rights for Parents and Students

Table 2: FERPA Exceptions for Disclosure of Student Educational Records

Table 3: FERPA Compliance Tips for Schools

Stories and What We Learn

Story 1: A high school student named Sarah was bullied by her classmates. The school principal reviewed Sarah's educational records to gather information about the bullying. However, the principal did not have a legitimate educational interest in the records and violated FERPA by reviewing them without Sarah's consent.

What we learn: Schools must have a legitimate educational interest in order to review student educational records.

Story 2: A college student named John requested a copy of his transcript. The school sent John a copy of his transcript without his consent. The school violated FERPA by sending John a copy of his transcript without his consent.

What we learn: Schools must obtain the student's consent before disclosing student educational records to third parties.

Story 3: A school district implemented a new policy that allowed teachers to share student educational records with parents without the student's consent. The policy violated FERPA because it allowed the disclosure of student educational records to third parties without the student's consent.

What we learn: Schools must develop and implement FERPA policies that are consistent with the law.

Effective Strategies

1. Develop and implement a FERPA policy. Schools should develop and implement a FERPA policy that outlines the school's procedures for protecting student privacy. The policy should be reviewed and updated regularly to ensure that it is consistent with the law.

2. Train staff on FERPA. Schools should train staff on FERPA so that they understand their obligations under the law. The training should cover the following topics:

* What is FERPA?
* Who is protected by FERPA?
* What records are protected by FERPA?
* Who can access student educational records?
* When can schools disclose student educational records?
* How can students protect their privacy under FERPA?

3. Secure student educational records. Schools should secure student educational records so that they are not accessed by unauthorized individuals. The records should be stored in a locked cabinet or file cabinet. The records should also be password protected if they are stored electronically.

4. Respond to FERPA requests promptly. Schools should respond to FERPA requests promptly and in a manner that is consistent with the law. The school should provide the requested records within a reasonable amount of time. The school should also provide a written explanation if the school denies the request.

Common Mistakes to Avoid

1. Failing to develop and implement a FERPA policy. Schools must develop and implement a FERPA policy that outlines the school's procedures for protecting student privacy.

2. Failing to train staff on FERPA. Schools must train staff on FERPA so that they understand their obligations under the law.

3. Failing to secure student educational records. Schools must secure student educational records so that they are not accessed by unauthorized individuals.

4. Failing to respond to FERPA requests promptly. Schools must respond to FERPA requests promptly and in a manner that is consistent with the law.

5. Disclosing student educational records without the student's consent. Schools must not disclose student educational records without the student's consent, except in the circumstances permitted by law.

Pros and Cons

Pros of FERPA:

• Protects the privacy of student educational records.
• Gives parents and eligible students certain rights regarding their educational records.
• Helps to ensure that student educational records are used for legitimate educational purposes.

Cons of FERPA:

• Can make it difficult for schools to share student educational records with other schools or educational institutions.
• Can be burdensome for schools to comply with.
• Can be difficult for parents and eligible students to understand.

Conclusion

FERPA is a complex law that can be difficult to understand. However, it is important for schools to comply with FERPA to protect the privacy of student educational records. Schools should develop and implement FERPA policies, train staff on FERPA, and secure student educational records. Schools should also respond to FERPA requests promptly and in a manner that is consistent with the law.