FERPA

The Family Educational Rights and Privacy Act (FERPA) is a United States federal law enacted in 1974 designed to protect the privacy of student education records. It applies to all educational institutions that receive federal funding under an applicable program of the U.S. Department of Education, covering nearly all public and private educational institutions, from primary to post-secondary levels.

FERPA grants parents certain rights with respect to their children's education records; these rights transfer to the student, or "eligible student," when they reach the age of 18 or attend a school beyond the high school level. The rights provided under FERPA include:

• The right to inspect and review the student's education records within 45 days of the day the institution receives a request for access. Schools are required to provide access to these records and may charge a fee for copies, but not for the act of inspecting the records.
• The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. If the school decides not to amend the record, it must notify the requester of the decision and advise them of their right to a hearing regarding the request for amendment.
• The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One such exception is disclosure to school officials with legitimate educational interests. A school official is typically defined within the institution's own policies and may include faculty, administrative staff, and other personnel who manage student records.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by the educational institution to comply with the requirements of FERPA.

FERPA also permits the disclosure of "directory information" without a student's consent, provided that the institution has given public notice of the types of information it designates as directory information and allows students a reasonable amount of time to request that the school not disclose their directory information. Directory information may include items such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.

The enactment of FERPA marked a significant step in ensuring the privacy and rights of students and their families regarding educational records, setting a precedent for how educational information is handled across the country.