FERPA Compliance

Definition

FERPA compliance refers to the adherence to the Family Educational Rights and Privacy Act, which protects the privacy of student education records. This law grants parents and eligible students specific rights regarding access to and control over these records, emphasizing the importance of confidentiality and informed consent in educational settings.

5 Must Know Facts For Your Next Test

1. FERPA applies to all educational institutions that receive federal funding, requiring them to establish policies that protect student privacy.
2. Parents have the right to inspect and review their child's educational records until the student turns 18, at which point the rights transfer to the student.
3. Schools must obtain written consent from parents or eligible students before disclosing personally identifiable information from education records, with certain exceptions.
4. FERPA allows for specific exemptions where schools can share information without consent, such as with school officials with legitimate educational interests or in response to legal subpoenas.
5. Violations of FERPA can result in a loss of federal funding for educational institutions if they fail to comply with its regulations.

Review Questions

• What are the main rights granted to parents and students under FERPA compliance?
  • Under FERPA compliance, parents and eligible students are granted the right to access and review educational records maintained by schools. They also have the right to request amendments to those records if they believe the information is inaccurate or misleading. Additionally, they have control over the disclosure of personally identifiable information from those records, which schools must respect unless specific exemptions apply.
• How does FERPA compliance impact the roles of IEP team members when handling sensitive student information?
  • FERPA compliance significantly impacts IEP team members by necessitating strict adherence to privacy regulations when discussing or sharing sensitive information about students with disabilities. Team members must ensure that any educational records related to a student’s Individualized Education Program (IEP) are kept confidential and shared only with authorized personnel. This means obtaining consent when needed and being mindful of which team members have legitimate educational interests in accessing this information.
• Evaluate the consequences that educational institutions may face if they fail to comply with FERPA regulations regarding student records.
  • If educational institutions fail to comply with FERPA regulations, they may face serious consequences, including potential loss of federal funding. This could significantly impact the institution’s operations and resources available for students. Additionally, non-compliance can lead to legal challenges from parents or eligible students seeking damages for violations of their rights under FERPA. Maintaining compliance is crucial for safeguarding student privacy and ensuring trust within educational environments.

Related terms

Educational Records: Records that are directly related to a student and maintained by an educational institution, which can include grades, transcripts, and disciplinary records.

Parental Rights:

The rights granted to parents under FERPA, including the ability to access their child's educational records and request amendments to those records.

Directory Information: Information contained in an educational record that is not generally considered harmful or an invasion of privacy if disclosed, such as a student's name, address, and phone number.