FERPAFERPA Family Educational Rights and Privacy Act

What is it? Federal law Protects privacy of student education records

Which schools does it cover? Applies to all schools that receive funds under an applicable program of the US Dept of Education

What rights does it give parents? #1 Right to inspect and review the student’s education records maintained by the school School is not required to provide copies of records unless it is impossible for parent to review records. School may charge fee.

What rights does it give parents? #2 Right to request that a school correct records which they believe to be inaccurate or misleading School may decide not to amend record and in that case parent has right to a formal hearing. If school still decides not to amend, parent has right to place statement with his/her view about the situation in record.

Are these rights “transferable”? Yes. The same rights transfer to the student when they turn 18, when they are then referred to as an “eligible student”.

What does it allow the school to do? FERPA allows schools to disclose the student’s educational record, without consent, to the following people or under the following conditions: 1.School officials with legitimate educational interest 2.Other schools to which a student is transferring 3.Specified officials for audit or evaluation purposes 4.Appropriate parties in connection with financial aid to a student 5.Organizations conducting certain studies for or on behalf of the school 6.Accrediting organizations 7.To comply with a judicial order or lawfully issued subpoena 8.Appropriate officials in cases of health and safety emergencies 9.State and local authorities, within a juvenile justice system, pursuant to specific State Law

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

Schools must… Tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them Notify parents and eligible students annually of their rights under FERPA

For additional information Contact Family Policy Compliance Office U.S. Dept of Education 400 Maryland Ave, SW Washington, D.C