Family Educational Rights and Privacy Act (FERPA)

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal statute that safeguards the privacy of student education records. This law is applicable to all educational institutions that receive funding from a program of the U.S. Department of Education.

FERPA grants parents specific rights concerning their children's education records. These rights are transferred to the student once they turn 18 or enroll in a post-secondary institution. Students who have received these rights are referred to as "eligible students."

  • Right to Access Records: Parents or eligible students can review the student’s education records held by the school. Schools aren't required to provide copies unless it's impractical for the parent or eligible student to view them in person due to distance. If copies are provided, a fee may be charged.

  • Right to Correct Records: Parents or eligible students can request corrections to any records they believe are incorrect or misleading. If the school refuses to make the changes, they can request a formal hearing. If the record remains unchanged after the hearing, they can add a statement to the record expressing their views on the disputed information.

  • Disclosure of Records: Generally, schools need written permission to release any information from a student's education records. However, FERPA permits disclosure without consent in specific situations, such as:

    • To school officials with a legitimate educational interest

    • To other schools where the student is transferring

    • For audit or evaluation purposes

    • For financial aid purposes

    • To organizations conducting studies for the school

    • To accrediting agencies

    • To comply with legal orders or subpoenas

    • In health and safety emergencies

    • To state and local authorities under specific juvenile justice laws

  • Directory Information: Schools may disclose "directory" information (e.g., name, address, phone number, date of birth, honors, and dates of attendance) without consent. However, schools must inform parents and eligible students about this and give them a chance to opt out of such disclosures.

  • Annual Notification: Schools are required to notify parents and eligible students annually about their FERPA rights. The method of notification can vary, such as through a letter, PTA bulletin, student handbook, or newspaper article.


Protecting Student Privacy: Protection of Pupil Rights Amendment

The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h, 34 CFR Part 98) provides parents with certain rights concerning their children's involvement in surveys, the collection and use of personal information for marketing, and certain physical examinations.

This document explains the rights parents have under the PPRA and the responsibilities of education officials in enforcing these rights. The PPRA applies to programs and activities funded by the U.S. Department of Education, including those managed by state and local educational agencies or other recipients of federal education funds.

Sources: US Department of Education and PSRC Board of Education Policy Manual