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What do I need to know about FERPA?
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What is FERPA? |
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The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, protects the privacy of student records. The Act provides for the right to inspect and review education records, the right to seek to amend those records, and to limit disclosure of information from the records. The Act applies to all institutions that are the recipients of federal funding. The regulations for FERPA can be found in 34 CFR Part 99.
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Who is protected under FERPA? |
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Students who are currently enrolled in education institutions or formerly enrolled, regardless of their age or status in regard to parental dependency.
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What are education records? |
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With certain exceptions, a parent or student age 18 has rights of access to those records which are directly related to him/her and which are maintained by an educational institution or party authorized to keep records for the institution. "Education Records" generally include any records in the possession of the institution which contain information directly related to a student, with the exception of those addressed below. FERPA contains no requirement that certain records be kept at all. This is a matter of institutional policy and/or state regulation. The records may be handwritten or in the form of print, computer, magnetic tape, e-mail, film or some other medium. FERPA coverage includes records, files, documents, and data directly related to students. This would include transcripts or other records obtained from a school in which a student was previously enrolled.
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What is directory information? |
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Schools may disclose information on a student without violating FERPA through what is known as "directory information." This generally includes a student's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized sports and activities, weight and height of athletes, dates of attendance, degrees and awards received and other similar information. Each institution is required to annually notify parents/students in attendance of what constitutes directory information. This notice must also provide procedures for students to restrict the school from releasing his/her directory information.
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Who would generally be permitted access without the student's written consent? |
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- School officials who have "legitimate educational interests" as defined in the district's annual FERPA notification.
- Parents of a "dependent student" as defined by the Internal Revenue Code.
- The issuer of a judicial order or subpoena which allows the institution to release records without the parent/student's consent, however, a "reasonable effort" must generally be made to notify the parent/student before complying with the order.
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When do you need consent to disclose personally identifiable information from an education record (including transcripts)? |
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With specific exceptions (listed below), a signed and dated consent by the parent must be provided by the parent before any disclosure is made.
The written consent must: |
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- Specify the records that may be disclosed.
- State the purpose of disclosure.
- Identify the party or class of parties to whom the disclosure may be made.
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What is "personally identifiable information"? |
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- The student's name.
- Name of the student's parent or other family members.
- Address of the student or student's family.
- A personal identifier, such as a social security number or student number.
- A list of personal characteristics that would make the student's identity easily traceable.
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When is the student's consent not required to disclose information? |
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The exceptions are: |
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If in doubt of whether or not you should release requested information, CHECK WITH YOUR SCHOOL DISTRICT'S ATTORNEY.
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- district faculty, staff, and administrators with a legitimate educational interest (defined in the district's annual notification);
- parents of a "dependent student;"
- federal, state and local education authorities involving an audit or evaluation of compliance with education programs;
- organizations conducting studies for, or on behalf of, educational institutions;
- appropriate parties in connection with financial aid to a student;
- accrediting organizations;
- to comply with judicial order or subpoena;
- health or safety emergency;
- directory information;
- the student; and
- the results of disciplinary hearing to an alleged victim of a crime of violence.
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These general guidelines are not intended to be legal advice. This document provides only a summary of FERPA. For further information regarding FERPA or clarification regarding FERPA, refer to the U.S. Department of Education.
Parents have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the district to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
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Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-4605
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