What is student privacy law (FERPA)?
The Family Educational Rights and Privacy Act, commonly known as FERPA, is a federal law that protects the privacy of student education records. Passed in 1974, this important piece of legislation gives parents certain rights regarding their children’s educational records, and these rights transfer to students when they reach 18 years of age or attend a school beyond the high school level.
Understanding FERPA Basics
FERPA applies to all schools that receive funds from the U.S. Department of Education. This includes virtually all public schools and most private institutions at every educational level. The law covers any records directly related to a student that are maintained by an educational institution or someone acting on its behalf.
Educational records protected under FERPA include:
- Grades and transcripts
- Class schedules
- Financial information
- Disciplinary records
- Medical and counseling records maintained by the school
- Personal information such as Social Security numbers
Key Rights Under FERPA
Student privacy law grants several important rights to parents and eligible students:
1. The Right to Inspect and Review Records
Parents or eligible students have the right to review education records within 45 days of making a request. Schools must provide copies if circumstances prevent in-person review, though they may charge a reasonable fee.
2. The Right to Request Corrections
If parents or students believe records contain inaccurate or misleading information, they can request amendments. If the school declines, they must inform the requester of their right to a formal hearing.
3. The Right to Control Disclosure
Schools generally must obtain written consent before releasing any information from student records. However, FERPA allows schools to disclose records without consent in specific situations.
Exceptions to Consent Requirements
While FERPA strongly protects student records privacy, certain exceptions exist where schools may share information without consent:
- School officials with legitimate educational interests
- Other schools where the student seeks enrollment
- Financial aid officials
- Organizations conducting studies for educational institutions
- Accrediting organizations
- Appropriate parties in health or safety emergencies
- State and local authorities within the juvenile justice system
Directory Information
Schools may disclose “directory information” without consent unless parents or eligible students opt out. Directory information typically includes:
- Student name
- Address and phone number
- Email address
- Date and place of birth
- Major field of study
- Dates of attendance
- Degrees and awards received
- Participation in sports and activities
Schools must notify parents and eligible students annually about what they designate as directory information and provide reasonable time to opt out of such disclosures.
Transfer of Rights
An important aspect of the Family Educational Rights and Privacy Act involves the transfer of rights. When a student turns 18 or enters a postsecondary institution at any age, all FERPA rights transfer from the parent to the student. This means parents no longer have automatic access to their child’s educational records, even if they’re paying tuition.
However, schools may still share information with parents in certain circumstances:
- If the student is claimed as a dependent for tax purposes
- In health or safety emergencies
- If the student is under 21 and has violated alcohol or drug policies
Common FERPA Violations and Consequences
Schools must be careful to avoid FERPA violations, which can include:
- Posting grades publicly with personally identifiable information
- Sharing student information in casual conversations
- Leaving records unsecured or accessible to unauthorized individuals
- Emailing confidential information without proper encryption
Violations can result in the withdrawal of federal funding, though this penalty has rarely been imposed. More commonly, the Department of Education works with institutions to correct violations and improve their privacy practices.
Digital Age Challenges
As education increasingly moves online, student privacy law faces new challenges. Schools must ensure that:
- Online platforms and educational technology comply with FERPA
- Third-party vendors handling student data maintain appropriate security
- Remote learning doesn’t compromise student records privacy
- Social media use respects student privacy rights
Best Practices for FERPA Compliance
Educational institutions can protect student privacy by:
- Training all staff on FERPA requirements
- Implementing strong data security measures
- Regularly reviewing and updating privacy policies
- Maintaining clear consent procedures
- Documenting all disclosures of student information
- Designating a privacy officer to oversee compliance
The Importance of FERPA Today
In our digital world, protecting educational records has never been more critical. FERPA ensures that sensitive student information remains confidential while still allowing necessary educational functions. Understanding these protections helps parents, students, and educators work together to maintain privacy while supporting academic success.
Whether you’re a parent, student, or educator, knowing your rights and responsibilities under the Family Educational Rights and Privacy Act is essential. This foundational student privacy law continues to adapt to new technologies and educational practices while maintaining its core mission: protecting the privacy of student educational records.
