Understanding FERPA: Protecting Student Privacy
The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of student education records and ensure that parents and eligible students (students over the age of 18 or those attending postsecondary institutions) have access to and control over their personal education information. FERPA is essential for safeguarding the rights of students and ensuring that schools handle student records responsibly. In this article, we will explore what FERPA is, how it protects student records, and what rights parents and eligible students are entitled to under this law.
What is FERPA?
FERPA, enacted in 1974, is a federal law that grants parents and eligible students specific rights regarding their education records. An education record is defined as any record that is directly related to a student and maintained by an educational agency or institution, or by a party acting on behalf of the agency or institution. Education records can include grades, transcripts, class lists, student schedules, disciplinary records, and other personally identifiable information (PII) that a school maintains.
The law applies to all schools that receive funding from the U.S. Department of Education, including public and private elementary and secondary schools, as well as postsecondary institutions. FERPA places restrictions on the disclosure of student records and ensures that parents and eligible students have control over how their information is shared.
FERPA and Protection of Records
Under FERPA, education records are protected to ensure that unauthorized individuals do not access or disclose a student’s personal information. Schools must obtain written consent from a parent or eligible student before releasing any personally identifiable information from a student’s records, except in specific, legally defined circumstances. For example, schools may share records with:
School officials with a legitimate educational interest.
Other schools to which a student is transferring.
Federal or state authorities for compliance with laws.
Health or safety emergencies where disclosure is necessary to protect the student or others.
FERPA also provides for directory information, which includes basic information about a student such as their name, address, phone number, and date of birth. Schools may disclose this information without consent unless parents or eligible students opt out of such disclosures.
What Are Parents Entitled to Under FERPA?
FERPA gives parents (or eligible students) several important rights regarding their child's education records:
Right to Access: Parents have the right to inspect and review their child’s education records maintained by the school. Schools must provide access within 45 days of receiving a written request.
Right to Request Amendments: If parents believe that their child's education records are inaccurate, misleading, or violate their privacy rights, they can request that the records be amended. Schools must consider the request and, if denied, provide information on how to challenge the decision.
Right to Consent to Disclosure: Generally, schools must obtain written consent from parents before disclosing personally identifiable information from education records. However, there are exceptions, such as when information is shared with school officials who have a legitimate educational interest or in response to a judicial order.
Right to File a Complaint: If parents believe their rights under FERPA have been violated, they have the right to file a complaint with the U.S. Department of Education.
Right to Control Directory Information: Parents can choose to opt out of the disclosure of directory information. If they wish to do so, they must notify the school within a specified time frame, typically at the beginning of the school year.
Tips for School Officials
As a school official, it is crucial to understand and adhere to FERPA regulations to ensure that student privacy is protected while complying with the law. Here are some important tips for school officials when handling education records and responding to parent requests:
Understand FERPA Compliance: Familiarize yourself with FERPA regulations, including which records are considered education records, the exceptions to consent requirements, and the process for responding to parent requests. Understanding these rules will help you navigate situations involving student privacy.
Keep Student Records Secure: Maintain confidentiality and security of education records. Limit access to records to only those who need it for legitimate educational purposes. Ensure that physical and electronic records are stored safely to prevent unauthorized access.
Verify Parental Rights: If the student is under 18, parents typically have the right to access education records. However, when a student reaches the age of 18 or attends a postsecondary institution, the rights under FERPA transfer to the student. Be sure to verify whether you’re dealing with a parent or eligible student when responding to requests.
Respond to Requests Promptly: FERPA mandates that schools provide access to education records within 45 days of a request. Ensure that you are aware of the timeline and respond to requests for records promptly, as failure to do so could result in non-compliance. 20 U.S.C. § 1232g(a)(1)(A)
Document Requests and Actions: Keep a record of all requests for education records, including the date of the request, the records requested, and the action taken. Documentation is essential for maintaining compliance and resolving potential disputes.
Notify Parents of Directory Information: Schools must inform parents about the type of directory information that may be disclosed and give them an opportunity to opt out. Be sure to notify parents early in the school year about their options and the process for opting out of directory information disclosures.
Seek Legal Counsel When Needed: When in doubt, especially regarding complex requests or situations where FERPA might intersect with other legal matters, consult your school’s legal counsel. This ensures that you’re making the right decisions while adhering to the law.
By following these tips, school officials can better protect student privacy, maintain compliance with FERPA, and build trust with students and families.
USDOE – UPDATE – March 28th 2025
On March 28th 2025, Frank Miller, the Director of the Student Privacy Office, issued a letter to Superintendents concerning FERPA. In his letter, he warned school systems of using FERPA as an excuse to prevent parents from obtaining education records. He specifically mentioned mental health and guidance records as well as access to documented threats made against students.
School officials need to pay particular attention to this directive. You can find more information in my articles on viewing security camera footage.
Conclusion
FERPA plays a critical role in ensuring the privacy of student records and providing parents and eligible students with rights to access and control their education records. By understanding FERPA, parents and school officials can work together to safeguard students' personal information and maintain compliance with federal privacy laws. Schools should ensure that they follow FERPA regulations carefully to protect student rights and foster trust within their communities.