The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a United States federal statute crafted to ensure the confidentiality of student education records. It applies to educational institutions that receive financial assistance through U.S. Department of Education programs.
FERPA extends specific rights to parents regarding their children's educational records. Upon a student reaching 18 years of age or entering a postsecondary institution, these rights are transferred to the student, rendering them "eligible students."
Who Must Adhere to FERPA?
FERPA is binding on educational institutions that receive federal funding from the U.S. Department of Education. This encompasses public schools, colleges, universities, private schools, and postsecondary institutions that receive federal funding. In essence, any educational institution maintaining student records must comply with FERPA.
Key Components of FERPA Rights:
a. Right to Access: Under FERPA, parents or eligible students (those aged 18 or older or attending postsecondary institutions) possess the right to access and review their educational records. Institutions must ensure access within a reasonable timeframe following a request.
b. Control of Disclosure: FERPA empowers parents and eligible students with control over the disclosure of their educational records. Generally, institutions cannot unveil personally identifiable information from a student's record without written consent, except in specific stipulated circumstances.
c. Consent Requirements: Typically, written consent is a prerequisite before an educational institution can release a student's education records to third parties, except for distinct exceptions elucidated in FERPA, such as directory information.
d. Directory Information: Institutions may divulge specific categories of data classified as "directory information" without securing consent. This data may encompass a student's name, address, phone number, email, date of birth, major field of study, enrollment status, and participation in school activities. Nevertheless, students usually possess the right to opt-out of the disclosure of directory information. Schools must inform parents and eligible students about directory information and provide them with a reasonable timeframe to request that the school refrains from disclosing directory information about them.
e. Record Correction: Parents or eligible students retain the authority to request amendments to their education records if they perceive inaccuracies, misleading information, or violations of their privacy rights. Institutions must maintain records of access and disclosure requests, enabling parents and eligible students to trace who has accessed their education records.
f. Notifications: Schools are mandated to annually inform parents and eligible students of their rights under FERPA. The method of notification (e.g., a dedicated letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is at each school's discretion.
Enforcement and Penalties
The Student Privacy Policy Office (SPPO) plays a pivotal role in enforcement, investigating complaints filed by parents, eligible students, and other concerned parties regarding potential FERPA violations. Furthermore, SPPO offers mediation assistance to complainants and provides technical support to parents and students who suspect their FERPA rights have been infringed upon.
Potential penalties for FERPA violations, according to Department of Education training documents, may encompass:
- Directing the institution to cease specific non-compliant practices.
- Temporarily withholding financial support from Department of Education programs until compliance is achieved.
- Revoking access to federal funding opportunities furnished by the Department of Education.
It is essential to recognize that these severe consequences are contemplated only when an institution obstinately refuses to collaborate with the FPCO to enhance its procedures and persistently flouts the law. Essentially, an institution would need to blatantly disregard FERPA regulations to face these more severe penalties.
Content found within this document is based on Carbide’s understanding of and the information provided by the official website and documentation of the FERPA