The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 to protect the privacy of student education records. It grants parents and eligible students specific rights regarding access to and control over educational information. Understanding FERPA is essential for parents, students, and educators to know how school records are managed and how to exercise your rights to access or request amendments. This detailed guide explains the key provisions of FERPA, who can access records, how to request information, and your protections under the law.
What Is FERPA?
FERPA is designed to ensure the confidentiality of student education records and to provide parents and students with the right to review, request correction of, and control the disclosure of personally identifiable information maintained by educational institutions that receive federal funding.
Who Does FERPA Protect?
FERPA protects education records of students attending public schools, colleges, and universities that receive federal funds. For students under 18, parents hold the rights provided by FERPA. When a student turns 18 or attends a postsecondary institution, these rights transfer to the student, who then becomes an “eligible student.”
What Are Education Records Under FERPA?
Education records include any records that directly relate to a student and are maintained by an educational institution or party acting on its behalf. Examples include:
- Grades, transcripts, and test scores
- Class schedules and attendance records
- Disciplinary records
- Health and immunization records maintained by the school
- Counseling and psychological evaluations
- Financial information related to the student’s education
Who Has the Right to Access Education Records?
Under FERPA, the following individuals or entities generally have access:
- Parents of minor students
- Eligible students (18 years or older or attending postsecondary institutions)
- School officials with legitimate educational interests
- Other parties only with written consent from the parent or eligible student, except in certain circumstances allowed by law
How to Request Access to School Records
Step 1: Identify the Records You Want
Determine which records you want to review, such as transcripts, disciplinary reports, or health files.
Step 2: Submit a Written Request
Contact the school’s registrar, records office, or designated FERPA officer and submit a written request to inspect or obtain copies of the records. Include details such as the student’s full name, date of birth, and the specific records sought.
Step 3: Verification of Identity
The school may require proof of identity to protect student privacy, such as a government-issued ID or documentation confirming parental status.
Step 4: Review and Receive Records
Schools must comply with the request within a reasonable time, typically within 45 days. You may review the records on-site or request copies, sometimes for a nominal fee.
Requesting Amendment of Records
If you believe that information in the education records is inaccurate, misleading, or violates student privacy rights, FERPA allows you to request a correction.
- Submit a written request identifying the specific part of the record you want changed and why.
- The school must decide whether to amend the record within a reasonable time.
- If the school refuses, you have the right to a formal hearing to challenge the content.
- If the challenge is unsuccessful, you may submit a statement to be included in the record explaining your position.
Exceptions to Consent Requirements
FERPA generally requires written consent before disclosing education records but allows exceptions, including:
- Disclosure to school officials with legitimate educational interests
- Disclosure to other schools where the student seeks or intends to enroll
- Disclosure to comply with a judicial order or subpoena
- Disclosure in health or safety emergencies
- Disclosure of directory information unless the parent or student opts out
What Is Directory Information?
Directory information includes basic student information like name, address, phone number, date and place of birth, honors, and participation in officially recognized activities. Schools may disclose this information without consent unless the parent or eligible student opts out.
How to Protect Your Rights Under FERPA
- Be aware of your school’s FERPA policies and procedures
- Submit requests in writing and keep copies for your records
- Monitor deadlines for response from educational institutions
- Understand your right to refuse consent for certain disclosures
- Contact the Family Policy Compliance Office (FPCO) for complaints or questions
Filing a FERPA Complaint
If you believe your rights under FERPA have been violated, you can file a complaint with the U.S. Department of Education’s Family Policy Compliance Office (FPCO). Complaints must be filed within 180 days of the alleged violation.
Contact details:
- Website: https://studentprivacy.ed.gov/
- Mail: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605
Additional Resources
- U.S. Department of Education – FERPA Overview
- FERPA Rights for Parents and Students
- NACAC – FERPA FAQs
Conclusion
The Family Educational Rights and Privacy Act (FERPA) protects student privacy by regulating access to education records. Whether you are a parent or an eligible student, understanding your rights to access, review, and request corrections to school records is critical. By knowing how to navigate FERPA procedures, you can safeguard your educational information and ensure transparency and fairness in educational settings.
