Family Educational Rights & Privacy Act

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The Family Educational Rights and Privacy ACT of 1974 (FERPA) is a federal law that protects the privacy of student education records.1 This law applies to all schools that receive funds from the U.S. Department of Education.1 FERPA gives parents certain rights to their child’s education records.2 However, when the child turns eighteen or attends school beyond the high school level, those rights are transferred to the student.2 Parents or eligible students have the right to inspect and review the student’s education records maintained by the school.2 They also have the right to ask that a school corrects records that they believe to be inaccurate or misleading.2 Usually a school can only release a student’s education records with written consent from the parent or eligible student.2 However, FERPA does allow a school to disclose education records without consent to certain parties under specific situations.2

Schools may disclose “directory” information without consent from the parent or eligible student.2 Directory information is defined as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.2 Directory information is not considered harmful or an invasion of privacy if disclosed.3 Parents and eligible students can request that the school does not disclose directory information about the student.2

Students are able to sign a FERPA release form where they provide the names of the individuals that their education records can be released to. When it comes to athletics, coaches and athletic staff are included in the university personnel who are not allowed to release information about a student’s education records. Education records also include class attendance, study hall attendance, and recent grades on exams and assignments. Athletics personnel can share this type of information with parents and guardians of student-athletes if the student-athlete has signed a FERPA release form. It is important for students to understand their rights under FERPA and that they are not required to sign a FERPA release form.

References

1U.S. Department of Education. (2004, February 11). Legislative History of Major FERPA Provisions. Retrieved from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/leg-history.html

2Family Policy Compliance Office. (2015, June 26). Family Educational Rights and Privacy Act (FERPA). Retrieved from http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html?src=ft

3U.S. Department of Education. (2015, June 26). Frequently Asked Questions. Retrieved from http://www2.ed.gov/policy/gen/guid/fpco/faq.html#q4