The Family Educational Rights and Privacy Act, commonly known as FERPA, is a crucial piece of legislation that governs the privacy of student education records in the United States. It establishes the rights of students and parents to access and control information related to their education while setting clear limits on who can view or share that information. Understanding who FERPA is governed by, as well as its rules and implications, is essential for educators, administrators, and families to ensure compliance and protect student privacy. The law affects nearly every educational institution receiving federal funding, making its reach broad and impactful.
What FERPA Is and Its Purpose
FERPA was enacted in 1974 as part of federal legislation aimed at protecting students’ educational records from unauthorized access. Its main purpose is to grant parents certain rights regarding their children’s education records and, as students reach the age of 18 or attend postsecondary institutions, to transfer those rights to the students themselves. FERPA ensures that sensitive information, such as grades, disciplinary actions, and personal identifiers, remains confidential unless the law allows disclosure or consent is given.
Key Rights Under FERPA
FERPA grants several fundamental rights to parents and eligible students. These rights include the ability to access educational records, request corrections of inaccurate information, and control the disclosure of personally identifiable information. Schools must also provide annual notifications informing parents and students of their rights under FERPA. These provisions are essential for maintaining transparency and accountability in education while safeguarding individual privacy.
- Right to inspect and review education records
- Right to request amendments to inaccurate or misleading records
- Right to consent to disclosures of personally identifiable information
- Right to file complaints regarding violations of FERPA
Who Governs FERPA
FERPA is governed by the U.S. Department of Education, specifically through its Family Policy Compliance Office (FPCO). This office oversees the implementation and enforcement of FERPA across educational institutions that receive federal funding. The Department of Education issues guidance, provides technical assistance, and investigates complaints to ensure compliance. Schools and districts are responsible for adhering to these regulations and may face consequences if they fail to protect student privacy in accordance with the law.
The Role of the Family Policy Compliance Office
The Family Policy Compliance Office plays a central role in interpreting FERPA regulations and advising educational institutions on best practices. This office provides official guidance on what constitutes an education record, the circumstances under which records may be disclosed without consent, and the proper procedures for responding to requests from parents or eligible students. By serving as both a regulatory and advisory body, the FPCO ensures that FERPA’s objectives are consistently applied nationwide.
Institutions Affected by FERPA
FERPA applies to all public and private schools, colleges, and universities that receive funding under any program administered by the U.S. Department of Education. This includes a wide range of educational entities, from primary schools to large research universities. Institutions must comply with FERPA when handling student records, developing privacy policies, and communicating with parents and students about their rights. Compliance involves staff training, careful management of records, and the implementation of secure systems for storing and sharing information.
Examples of Education Records Covered
FERPA governs a variety of records that contain personally identifiable information. This includes, but is not limited to, academic transcripts, disciplinary reports, health records maintained by the school, and special education files. Schools must carefully manage these records to prevent unauthorized access and ensure that disclosures occur only under legally permissible circumstances or with proper consent.
- Grades and academic transcripts
- Attendance records
- Disciplinary actions
- Health and special education records maintained by the institution
Permissible Disclosures Under FERPA
While FERPA generally restricts access to educational records, it does allow certain disclosures without consent. These exceptions include sharing information with school officials who have legitimate educational interests, transferring records to another school where the student seeks enrollment, and providing information in connection with financial aid. Additionally, schools may disclose directory information, such as a student’s name and graduation date, unless the student or parent opts out. Understanding these exceptions is key for both institutions and families to navigate privacy requirements effectively.
Implications for Parents and Students
For parents, FERPA offers a legal framework to ensure their child’s educational information remains private. For eligible students, the act allows them to exercise control over their own records, particularly in higher education. Both parents and students can file complaints with the Family Policy Compliance Office if they believe their rights have been violated, reinforcing the law’s protective measures and holding institutions accountable for compliance.
FERPA Compliance and Best Practices
Schools must implement practical strategies to remain compliant with FERPA regulations. This includes maintaining secure storage for records, training staff on proper handling of information, and establishing clear procedures for responding to records requests. Institutions also need to provide annual notifications to parents and students about their FERPA rights and the procedures to exercise them. Regular audits and reviews of privacy practices help ensure ongoing compliance and protect against potential violations.
FERPA is governed by the U.S. Department of Education through the Family Policy Compliance Office, providing a comprehensive framework for protecting student privacy. By granting parents and eligible students rights to access, amend, and control educational records, FERPA promotes transparency while safeguarding sensitive information. Compliance is critical for all educational institutions receiving federal funding, and understanding the law’s provisions helps ensure that student privacy is respected. From permissible disclosures to enforcement procedures, FERPA remains a cornerstone of privacy protection in the American education system.