8/28/2015 The Family Educational Rights and Privacy Act (FERPA)  Also known as the Buckley Amendment.  Statute: 20 U.S.C. 1232g; Regulations: 34 CFR Part 99.  Enacted to prevent perceived abuses to student privacy and to assure parental or student access to student education records.  It affords certain rights to parents or students.

8/28/2015 What Rights? n Right to inspect and review the education record. n Right to seek to have the records amended. n Right to have some control over the disclosure of information from the records.

8/28/2015 Who is subject to FERPA? FERPA applies to any educational agency or institution which receives funds under any program administered by the Secretary of Education. In essence, this is all public elementary and secondary schools and all postsecondary institutions.

8/28/2015 Enforcement and Penalties  Family Policy Compliance Office within the Department of Education  Withdrawal of Department of Education Funds

8/28/2015 Essence of the Act  FERPA deals with education records of students.  Right to inspect and review records.  Right to request amendment of records.  Right to have control over the disclosure of personally identifiable information from these records.

8/28/2015 To whom do the rights belong?  To the parent if the student is under the age of 18 and is not enrolled at a postsecondary institution.  At age 18, all rights transfer from the parent to the student.  If a student attends a postsecondary institution prior to age 18, FERPA rights belong to the student for those records maintained by the postsecondary institution.

8/28/2015 What is an Education Record?  “Education Records” are all records which: (1)contain information directly related to a student; and (2)are maintained by an educational agency or institution or by a party acting for the agency or institution.

8/28/2015 “Record” means:  Any information maintained in any way.  Includes, but is not limited to: handwritingcomputer media printvideo or audio tape filmmicrofilm microfiche

8/28/2015 “Personally Identifiable Information” includes n The student’s name; n The parents' names; n Address of the student or student's family; n A personal identifier, such as a social security number or student number; n A list of personal characteristics or other information that would make student's identity easily traceable.

8/28/2015 “Parent” includes: n A natural parent; n a guardian; or n an individual acting as a parent in the absence of a parent or guardian.

8/28/2015 “Directory information” is: n information not generally considered harmful or an invasion of privacy if disclosed. n information that may be disclosed without prior written consent of parent or eligible student.

8/28/2015 Directory information may include: n date and place of birth n participation in officially recognized activities and sports n dates of attendance n degrees earned n awards received n name, address, telephone listing n field of study n weight & height of athletes n most recent previous school attended n photographs

8/28/2015 Annual Notification n Right to inspect and review; n Right to request amendment of records; n Right to consent to disclosure, with certain exceptions; n Right to file a complaint with U.S. Department of Education

8/28/2015 Annual Notification, cont. n Procedure to inspect and review records; n Procedure for requesting amendment of records; n A statement that education records may be disclosed to school officials without prior written consent, including: – specification of criteria for determining who are school officials and – what constitutes a legitimate educational interest.

8/28/2015 Means of Notification  Student handbooks  School newspaper  School catalog  Local newspaper  Inclusion in registration packet

8/28/2015 Under what conditions is prior consent required to disclose information?  An eligible student shall provide a signed and dated consent before a school may disclose information from records. The consent must:  Specify records that may be disclosed;  State purpose of disclosure;  Identify party or class of parties to whom disclosure may be made.

8/28/2015 Under what conditions is prior consent not required to disclose information?  To school officials (defined in Annual Notification);  To schools in which a student seeks or intends to enroll;  To Federal, State and local authorities when involving an audit or evaluation of compliance with education programs;  In connection with financial aid.

8/28/2015 Exceptions, cont. n To organizations conducting studies for or on behalf of educational institutions; n To parents of a dependent student; n To comply with a judicial order or subpoena; n Health or safety emergency; n Directory information to state and local officials in connection with serving the student under the juvenile justice system. n The US Attorney General in response to an ex parte order in connection with crimes of terrorism.

8/28/2015 The record-keeping requirement does not apply if disclosure was made to: n The eligible parent or eligible student; n A properly designated school official; n A party with written consent from eligible student; n A party seeking directory information; n A party with a law enforcement subpoena or court order which specifies that the existence or contents of the subpoena or court order not be disclosed. n The US Attorney General in response to an ex parte order.

8/28/2015 Directory information may be disclosed if the institution has given public notice of: n What the school has designated as directory information; n A student’s right to refuse to let the school designate any or all information about the student as directory information; n The time within which a student must notify the school in writing that he or she does not want any or all of the information designated as directory information.

8/28/2015 Summary n Students are accorded rights of privacy under FERPA. n In most cases, written consent from the student is required to release information from the student’s education record. n Everyone in the institution must comply with FERPA. n Non-compliance could result in the loss of federal funds.

8/28/2015 Where to get more information Technical assistance and advice for school officials: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC Phone:(202) Fax: (202) For informal requests for technical assistance: Family Policy Compliance Office Homepage

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