Family Educational Rights and Privacy Act (FERPA)

Definition

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records and grants certain rights to parents and eligible students regarding those records. Under FERPA, parents have the right to access their child's educational records, request corrections, and control the disclosure of personally identifiable information. This law ensures confidentiality in the handling of educational information and emphasizes the importance of privacy in educational institutions.

5 Must Know Facts For Your Next Test

1. FERPA applies to all educational institutions that receive federal funding, including K-12 schools and colleges.
2. Parents or eligible students must provide written consent before an educational institution can disclose personally identifiable information from education records.
3. FERPA gives parents the right to inspect and review their child's education records within 45 days of a request.
4. Schools can disclose directory information without consent unless a parent or eligible student has opted out of such disclosures.
5. Violations of FERPA can lead to a loss of federal funding for educational institutions.

Review Questions

• How does FERPA empower parents and eligible students in terms of accessing educational records?
  • FERPA empowers parents and eligible students by granting them the right to access their educational records, ensuring transparency in the management of their personal information. Parents can review their child's records within 45 days of making a request and can also seek corrections if they believe any information is inaccurate or misleading. This accessibility is crucial for fostering communication between families and educational institutions regarding a student's academic progress.
• Discuss the implications of FERPA on the disclosure of directory information by educational institutions.
  • FERPA allows educational institutions to disclose directory information without obtaining consent, provided they have designated what constitutes directory information. However, schools must inform parents and eligible students about this policy and offer them the opportunity to opt out of such disclosures. This balance allows schools to maintain some level of transparency while also respecting the privacy rights of students, creating a framework where personal information is shared responsibly.
• Evaluate how FERPA affects the relationship between educational institutions and law enforcement agencies when it comes to accessing student records.
  • FERPA creates significant limitations on how law enforcement agencies can access student education records, requiring them to obtain consent or meet specific exceptions outlined in the law. This restriction protects student privacy by ensuring that personal information cannot be disclosed without appropriate justification. However, exceptions do exist for health or safety emergencies, where schools can disclose necessary information without consent. This dynamic underscores the importance of safeguarding student privacy while still allowing for necessary interventions when public safety is at stake.

Related terms

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

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

Consent: An agreement by a student or parent for the release of personally identifiable information from education records, which is typically required under FERPA.