FERPA

Definition

FERPA, or the Family Educational Rights and Privacy Act, is a federal law that protects the privacy of student education records. It gives parents and eligible students the right to access their educational records, request corrections, and control the disclosure of personally identifiable information. This law is crucial for maintaining confidentiality and promoting trust between educational institutions and families.

5 Must Know Facts For Your Next Test

1. FERPA applies to all educational institutions that receive federal funding, including public schools and colleges.
2. Under FERPA, schools must obtain written consent from parents or eligible students before disclosing any personally identifiable information from education records.
3. FERPA allows for certain exceptions where schools can disclose information without consent, such as to school officials with legitimate educational interests or in cases of health and safety emergencies.
4. Eligible students can request to amend their education records if they believe they are inaccurate, misleading, or in violation of their privacy rights.
5. If a school fails to comply with FERPA regulations, it may lose federal funding and face additional legal consequences.

Review Questions

• How does FERPA protect the rights of students and their families regarding educational records?
  • FERPA safeguards students' and families' rights by granting them access to their educational records and requiring written consent before any personally identifiable information is disclosed. This empowers families to stay informed about their child's academic progress and ensures that sensitive information is only shared with those who have a legitimate need to know. By establishing these protections, FERPA fosters trust between educational institutions and families while maintaining the confidentiality of student records.
• Discuss the exceptions under FERPA that allow schools to disclose student information without consent.
  • FERPA outlines specific exceptions where schools can share student information without prior consent. These exceptions include sharing information with school officials who have a legitimate educational interest, disclosing information in response to a judicial order or subpoena, and reporting health or safety emergencies where the knowledge of the information is necessary to protect the student or others. These provisions ensure that while student privacy is protected, necessary actions can be taken when situations arise that warrant immediate disclosure.
• Evaluate the implications for educational institutions that fail to adhere to FERPA regulations, particularly regarding federal funding.
  • Educational institutions that do not comply with FERPA risk severe consequences, including the loss of federal funding. This could significantly impact their operational budgets and ability to provide quality education. Moreover, noncompliance can damage the institution's reputation and trust within the community, leading to a decline in enrollment as families seek schools that prioritize student privacy. Ultimately, maintaining adherence to FERPA is essential for fostering a safe and supportive educational environment while ensuring legal compliance.

Related terms

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

Parental Rights: Rights granted to parents under FERPA to access their child's educational records until the child reaches 18 years of age or attends a postsecondary institution.

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.