FERPA

FERPA, the Family Educational Rights and Privacy Act, is a US federal law enacted in 1974 as part of the Education Amendments. It governs access to and disclosure of students’ education records by educational agencies and institutions that receive federal funding, and is administered by the U.S. Department of Education’s Family Policy Compliance Office (FPCO). The act aims to protect students’ privacy while allowing appropriate information sharing.

Education records are records that contain information directly related to a student and are maintained by an educational agency or its agent. FERPA does not apply to records in the sole possession of the maker, records of instructional staff not accessible to others, law enforcement records, employment records unrelated to students, medical records, or post-attendance records.

Rights granted to students and, when applicable, to parents include the right to access and review education records, request amendment of inaccurate or misleading information, and control disclosures of identifiable information with some exceptions. Institutions must provide annual notification of FERPA rights. Schools may disclose directory information without consent unless the student or parent opts out; typical directory items include name, address, phone number, email, date and place of birth, enrollment status, dates of attendance, degrees or awards, major, and participation in activities.

Rights generally transfer to eligible students once they turn 18 or enroll in a postsecondary institution; parental rights may continue in certain circumstances, such as with dependent students. FERPA permits disclosures without consent to school officials with legitimate educational interests, to other schools for enrollment transfers, to contractors performing institutional functions, and in emergencies or to comply with subpoenas or court orders. Violations can result in loss of federal funding, and individuals may file complaints with the FPCO.