Family Educational Rights and Privacy Act (FERPA)

Definition

FERPA is a federal law enacted in 1974 that protects the privacy of student education records. It grants parents certain rights regarding their children's education records and transfers these rights to students once they turn 18 or attend a school beyond the high school level. The act ensures that educational institutions maintain the confidentiality of student information, which is crucial in the digital age, especially with the rise of cloud storage and online learning platforms.

5 Must Know Facts For Your Next Test

1. FERPA applies to all schools that receive funding under any program administered by the U.S. Department of Education.
2. Parents have the right to access their children's education records and request corrections to inaccurate information.
3. Students can control the disclosure of their education records once they reach the age of 18 or attend a post-secondary institution.
4. FERPA provides exceptions for disclosing information without consent in certain situations, such as health and safety emergencies or compliance with judicial orders.
5. Schools must annually notify students and parents of their rights under FERPA and the procedures for exercising those rights.

Review Questions

• How does FERPA impact the handling of student educational records by schools?
  • FERPA sets strict guidelines for how schools manage student educational records by granting parents and eligible students specific rights regarding access and privacy. Schools are required to protect personally identifiable information and can only disclose such information with proper consent, except in certain circumstances. This law plays a critical role in maintaining trust between educational institutions, students, and families by ensuring transparency and control over sensitive information.
• What are the implications of FERPA on cloud-based educational platforms that handle student data?
  • Cloud-based educational platforms must ensure compliance with FERPA regulations to protect the privacy of student data. This means they must implement strong security measures to safeguard educational records from unauthorized access. Additionally, these platforms need to establish clear policies for obtaining consent before disclosing any personally identifiable information. Non-compliance could result in loss of federal funding and legal ramifications for schools utilizing such services.
• Evaluate the effectiveness of FERPA in addressing privacy concerns related to digital education environments in today's context.
  • FERPA has established foundational principles for protecting student privacy; however, its effectiveness is challenged by rapid technological advancements in digital education environments. While it aims to safeguard educational records, the evolving nature of data storage and sharing presents new privacy risks that may not have been fully anticipated when the law was enacted. To enhance FERPA's relevance, ongoing assessments and potential amendments may be necessary to address contemporary issues such as data breaches, third-party access to information, and the use of artificial intelligence in education.

Related terms

Educational Records: Records that are maintained by an educational institution and contain information directly related to a student, including grades, transcripts, and disciplinary records.

Consent: Permission required from parents or eligible students for educational institutions to disclose personally identifiable information from education records.

Directory Information: Information that can be disclosed without violating FERPA, such as a student's name, address, phone number, and date of birth, unless a parent or eligible student has requested that it be kept confidential.