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, amend, and control the disclosure of their educational information. FERPA emphasizes the importance of maintaining confidentiality in educational settings, thus directly linking to professional ethics and conduct among educators.

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 children's education records until the student turns 18 or attends a school beyond high school.
3. Students have the right to request amendments to their records if they believe they are inaccurate or misleading.
4. FERPA requires educational institutions to obtain written consent before disclosing personally identifiable information from student records.
5. Violating FERPA can result in the loss of federal funding for an educational institution, emphasizing its importance in professional ethics.

Review Questions

• How does FERPA influence the ethical responsibilities of educators when handling student records?
  • FERPA significantly influences educators' ethical responsibilities by mandating that they protect the confidentiality of student records. Educators must be aware of their obligation to obtain consent before sharing any personally identifiable information. This law reinforces the principle of trust between students, parents, and educational institutions, ensuring that sensitive information is handled with care and only disclosed when appropriate.
• Discuss the implications of FERPA for schools in terms of their record-keeping practices and policies.
  • FERPA has substantial implications for schools regarding how they manage and maintain student records. Schools must develop clear policies that outline procedures for accessing, amending, and disclosing education records. Additionally, they must train staff on FERPA regulations to ensure compliance and safeguard students' privacy rights. Failure to adhere to these practices can lead to significant legal consequences and potential loss of federal funding.
• Evaluate how FERPA balances the rights of students and parents with the need for educational institutions to share information for legitimate purposes.
  • FERPA seeks to strike a balance between protecting students' privacy rights and allowing educational institutions to share necessary information for legitimate purposes. While it restricts unauthorized disclosure of education records, it also permits certain exceptions where sharing is essential, such as in cases involving health and safety emergencies or compliance with judicial orders. This framework ensures that while confidentiality is upheld, institutions can still function effectively and fulfill their responsibilities while safeguarding students' rights.

Related terms

Educational Records: Documents that contain information directly related to a student, maintained by an educational institution, which includes grades, transcripts, and disciplinary records.

Privacy Rights: The rights of individuals to control their personal information and protect it from unauthorized access or disclosure.

Consent: An agreement by a student or parent to allow the school to disclose personally identifiable information from educational records to third parties.