FERPA
Family Educational Rights Privacy Act
Model Notification of Rights under FERPA for Elementary and Secondary Schools
The Family Educational Rights and Privacy Act (FERPA) affords parents and students over 18 years of age ("eligible students") certain rights with respect to the student's education records. These rights are:
- The right to inspect and review the student's education records within 45 days of the day the School receives a request for access.
Parents or eligible students should submit to the School principal [or appropriate school official] a written request that identifies the record(s) they wish to inspect. The School official will make arrangements for access and notify the parent or eligible student of the time and place where the records may be inspected.
- The right to request the amendment of the student's education records that the parent or eligible student believes are inaccurate or misleading.
Parents or eligible students may ask the School to amend a record that they believe is inaccurate or misleading. They should write the School principal [or appropriate official], clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the School decides not to amend the record as requested by the parent or eligible student, the School will notify the parent or eligible student of the decision and advise them of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the parent or eligible student when notified of the right to a hearing.
- 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 exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is a person employed by the School as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the School Board; a person or company with whom the School has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a parent or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
[Optional] Upon request, the School discloses education records without consent to officials of another school district in which a student seeks or intends to enroll. [NOTE: FERPA requires a school district to make a reasonable attempt to notify the parent or student of the records request unless it states in its annual notification that it intends to forward records on request.]
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the School to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
[NOTE: In addition, a school may want to include its directory information public notice, as required by § 99.37 of the regulations, with its annual notification of rights under FERPA.]
Family Educational Rights and Privacy Act (FERPA)
Also known as the Buckley Amendment
Statute: 20 U.S.C. § 1232(g)
Regulations: 34 CFR Part 99
Primary Rights of Parents under FERPA
- Right to inspect and review education records
- Right to seek to amend education records
- Right to have some control over the disclosure of information from education records
(These rights transfer to student when student turns 18 or attends a postsecondary institution.)
Subpart A - General
§ 99.1 To which educational agencies and institutions do these regulations apply?
- FERPA applies to each educational agency and institution that receives funds under any program administered by the Secretary of Education.
- Most private and parochial schools at the elementary and secondary levels do not receive such funds and are, therefore, not subject to FERPA.
§ 99.3 What definitions apply to these regulations? (Partial)
- "Education records" are all records which -
- contain information which is directly related to a student; and
- are maintained by an educational agency or institution or by a party acting for the agency or institution.
"Education records," cont.
- Student classroom activity and homework that does not become part of the student's institutional record is not subject to FERPA.
- If student classroom activity or homework is maintained by the institution as part of the student's permanent school record, it is an education record subject to FERPA.
"Education records," cont.
Exceptions to "education records" include -
- Records kept in the sole possession of the maker of the record and not revealed to anyone but a temporary substitute, e.g., personal notes.
- Records created and maintained by a law enforcement unit for a law enforcement purpose.
Definitions, cont.
"Parent" means a parent of a student and includes:
- a natural parent,
- a guardian, or
- an individual acting as a parent in the absence of a parent or guardian.
Definitions, cont.
"Personally identifiable information" includes, but is not limited to:
- The student's name.
- Name of the student's parent or other family members.
- Address of the student or student's family.
- A personal identifier, such as a social security number or student number.
- A list of personal characteristics or other information that would make the student's identity easily traceable.
Definitions, cont.
"Directory information" is -
- Information not generally considered harmful or an invasion of privacy if disclosed.
- Includes, but is not limited to:
- name, address, telephone listing, electronic mail address
- date and place of birth, photographs
- participation in officially recognized activities and sports
- field of study
- weight and height of athletes
- enrollment status (full-, part-time, undergraduate, graduate)
- degrees and awards received
- dates of attendance
- most recent previous school attended
- grade level
Directory information cannot include student identification numbers or social security numbers.
Definitions, cont.
"Record" means any information maintained in any way, including, but not limited to:
- Handwriting
- Video or audio tape
- Computer media
- Film
- Print
- Microfilm and microfiche
Definitions, cont.
"Student" means any individual:
- who is or has been in attendance at a school; and
- regarding whom the school maintains education records.
Rights of Parents
§ 99.4 What are the rights of parents, custodial or noncustodial?
- FERPA affords full rights to either parent, unless the school has been provided with evidence that there is a court order, State statute or legally binding document that specifically revokes these rights.
§ 99.7 What must an educational agency or institution include in its annual notification?
- Schools must annually notify parents of students in attendance of their rights under FERPA, including:
- Right to inspect and review education records;
- Right to request amendment of education records;
- Right to consent to disclosures, with certain exceptions;
- Right to file a complaint with U.S. Department of Education
Annual notification, cont.
- The annual notification must also include the following:
- Procedure to inspect and review education records;
- A statement that education records may be disclosed to school officials without prior written consent, including:
- Specification of criteria for determining who are school officials and
- What constitutes a legitimate educational interest.
Annual notification, cont.
- FERPA does not specify the means of notification, other than by any means reasonably likely to inform the students. Examples include:
- Student handbook
- School newspaper or catalog
- Local newspaper
- Inclusion in student's registration packet
Subpart B - Inspection and Review of Education Records
§ 99.10 What rights exist for a parent or eligible student to inspect and review education records?
- School must comply with request within 45 days.
- Generally required to give copies only if failure to do so would effectively deny access - example would be a student or former student who does not live within commuting distance.
- School may not destroy records if request for access is pending.
Inspection and Review, cont.
- SEAs are required to afford parents and eligible students access to education records they maintain on students.
- Applies to records even if a copy of the records is available at the LEA.
- SEA may forward records to LEA to afford parents access to records they are seeking.
Inspection and Review, cont.
- § 99.11 May an educational agency or institution charge a fee for copies of education records?
- Yes - unless imposing a fee effectively prevents a parent from exercising his or her right to inspect and review education records.
§ 99.12 What limitations exist on the right to inspect and review education records?
- If the records contain information on more than one student, the requesting parent may inspect, review, or be informed of only the specific information about his or her child's records.
Subpart C - What are the Procedures for Amending Education Records
§ 99. 20, § 99.21, § 99.22
- Parent should identify portion of record believed to contain inaccurate or misleading information.
- School must decide within reasonable period of time whether to amend as requested.
- If school decides not to amend, must inform parent of right to a hearing.
- After hearing, if decision is still not to amend, parent has a right to insert a statement in the record.
Subpart D - Disclosure of Personally Identifiable Information From Education Records by an Educational Agency or Institution
§ 99.30 Under what conditions is prior consent required to disclose information?
- Except for specific exceptions, a parent shall provide a signed and dated written consent before a school may disclose education records. The consent must:
- Specify records that may be disclosed;
- State purpose of disclosure; and
- Identify party or class of parties to whom disclosure may be made.
Disclosure provisions, cont.
§ 99.31 Under what conditions is prior consent not required to disclose information?
- The exceptions which relate to LEAs are:
- To school officials with legitimate educational interests (defined in annual notification)
- To schools in which a student seeks or intends to enroll
- To Federal, State, and local educational authorities conducting an audit, evaluation, or enforcement of education programs
- In connection with financial aid, such as a college loan
Disclosure provisions, cont.
- To organizations conducting studies on behalf of schools
- To parents of a dependent student
- To comply with a judicial order or subpoena (reasonable effort to notify)
- In a health or safety emergency
- Directory information
- To State and local officials in connection with serving the student under the juvenile justice system.
Disclosure provisions, cont.
§ 99.31(a)(5) Disclosure to Juvenile Justice System
- Schools may disclose without consent to local or State officials who are part of a juvenile justice system if:
- There is a State statute that provides for the disclosures and the disclosures concern the juvenile justice system's ability to serve, prior to adjudication, the student whose records are being disclosed, and
- Prior to the disclosure, the local or State officials noted in the law have certified, in writing, that the personally identifiable information contained in the records will not be disclosed to a third party.
Recordkeeping
§ 99.32 What recordkeeping requirements exist concerning requests and disclosures?
- A school must maintain a record of each request for access to and each disclosure from an education record. This record of access must:
- Be maintained as long as record is maintained;
- Include the parties who have requested or received information from education records; and
- Include the legitimate interest parties had in receiving information.
Recordkeeping, cont.
- The recordkeeping requirement does not apply if the request was from, or the disclosure was made to:
- The parent or eligible student,
- A properly designated school official for a legitimate educational purpose,
- A party with written consent from the parent or eligible student,
- A party seeking directory information,
- A party with a law enforcement subpoena or court order which specifies that the existence or contents of the subpoena or court order not be disclosed.
Redisclosure
§ 99.33 What limitations apply to the redisclosure of information?
- When disclosing information from education records to one of the parties listed under § 99.31, a school should inform the receiving party that the information may not be further disclosed, except when:
- The disclosure is to the parent or eligible student
- The receiving party discloses information on behalf of the school under § 99.31
Redisclosure, cont.
- The disclosure was made pursuant to a court order, subpoena, or in connection with litigation between the school and student
- The disclosure is to the parents of a dependent student
- The information disclosed is directory information
Redisclosure, cont.
Audit or Evaluation
§ 99.35 What conditions apply to disclosure of information for Federal or State program purposes?
- Federal, State, and local officials listed under §99.31(a)(3) may have access to records only--
- in connection with an audit or evaluation of Federal or State supported education programs, or
- the enforcement of or compliance with Federal legal requirements which relate to those programs.
Health and Safety Emergencies
§ 99.36 What conditions apply to disclosure of information in health or safety emergencies?
- Disclosure to appropriate parties in connection with an emergency if knowledge of information is necessary to protect the health or safety of the student or others.
- Schools may disclose information about certain disciplinary actions taken against students to officials of other schools.
Directory Information
§ 99.37 What conditions apply to disclosing directory information?
- A school may disclose directory information if it has given public notice to parents of students in attendance of:
- What items the school has designated as directory information.
- A parent's right to refuse to let the school designate any or all of the information as directory information.
- The time within which a parent must notify the school in writing that he or she does not want any or all of the information designated as directory information.
Directory Information, cont.
- FERPA does not define "public notice" - left to the individual school to decide.
- Means of notice could include:
- Student handbooks or catalog
- School or local newspaper
- Student's registration packet
- School may choose to include notice regarding directory information with the annual notification required by § 99.7.
- Notice to former students is not necessary.
Subpart E - What are the Enforcement Provisions?
§§ 99.60-99.67
- The Family Policy Compliance Office is authorized by the Secretary of Education to investigate, process, and review complaints and violations under FERPA.
- Parents and eligible students may file complaints with the U.S. Department of Education.
- Timely complaint = 180 days
Technical Assistance
For technical assistance and advice to school officials:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
(202) 260-3887 Telephone
(202) 260-9001 Fax
Informal Technical Assistance
For informal requests for technical assistance, email us at: FERPA@ed.gov
Visit our web site: http://www.ed.gov/offices/OM/fpco/ (external link)