FERPA

Definition

FERPA, or the Family Educational Rights and Privacy Act, is a federal law in the United States that protects the privacy of student education records. It gives parents certain rights regarding their children's education records and transfers those rights to students when they turn 18 or attend a postsecondary institution. This law plays a critical role in the context of data privacy and security regulations by ensuring that educational institutions handle student information with care and confidentiality.

5 Must Know Facts For Your Next Test

1. FERPA applies to all schools that receive federal funding, including public schools and institutions of higher education.
2. Under FERPA, parents have the right to access their child's education records and request amendments if they believe the records are inaccurate.
3. Once students reach 18 years of age or attend a postsecondary institution, they gain control over their own education records under FERPA.
4. Schools must provide annual notifications to students and parents about their rights under FERPA, including how to exercise those rights.
5. FERPA violations can result in the loss of federal funding for educational institutions that fail to comply with the law.

Review Questions

• How does FERPA empower students and parents regarding access to educational records?
  • FERPA empowers students and parents by granting them the right to access education records maintained by schools. Parents can review their child's records until the student turns 18 or enrolls in a postsecondary institution, at which point the rights transfer to the student. This law also allows them to request amendments to those records if they find inaccuracies, ensuring that students have control over their personal information and its accuracy.
• Discuss the implications of FERPA for educational institutions in terms of handling student data.
  • FERPA imposes strict guidelines on educational institutions regarding the handling of student data. Schools must ensure that personally identifiable information from education records is not disclosed without proper consent. Additionally, they are required to provide annual notifications outlining students' rights under FERPA. Non-compliance can lead to serious consequences, including the potential loss of federal funding, which emphasizes the importance of adhering to these regulations.
• Evaluate how FERPA interacts with other data privacy regulations in protecting student information.
  • FERPA interacts with other data privacy regulations, such as HIPAA and GDPR, by establishing specific guidelines for protecting student information within educational settings. While FERPA focuses on educational records, HIPAA governs health information in educational contexts. As data privacy becomes increasingly important globally, FERPA's principles are often integrated with broader privacy frameworks to enhance protections for student information. Understanding these interactions helps institutions navigate compliance with multiple regulations while safeguarding student data effectively.

Related terms

Education Records: Records that are directly related to a student and maintained by an educational agency or institution.

Consent: Permission required from parents or eligible students before educational institutions can disclose personally identifiable information from education records.

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