Family Educational Rights and Privacy Act (FERPA)
FERPA governs the confidentiality of student educational records.
The Family Educational and Privacy Rights Act (FERPA) protects the confidentiality of student educational records. It applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds under a program administered by the Secretary of Education.
The Act has two parts. First, it gives students the right to inspect and review their own education records, request corrections, halt the release of personally identifiable information, and obtain a copy of their institution鈥檚 policy concerning access to educational records. (20 U.S.C.S. 搂 1232g(a)). Second, it prohibits educational institutions from disclosing 鈥減ersonally identifiable information in education records鈥� without the written consent of the student, or, if the student is a minor, the student鈥檚 parents. (20 U.S.C.S. 搂 1232g(b)). Schools that fail to comply with FERPA risk losing federal funding.
However, there are several exceptions that allow the release of student records to certain parties or under certain conditions. Records may be released without the student鈥檚 consent: (1) to school officials with a legitimate educational interest; (2) to other schools to which a student seeks or intends to enroll; (3) to education officials for audit and evaluation purposes; (4) to accrediting organizations; (5) to parties in connection with financial aid to a student; (6) to organizations conducting certain studies for or on behalf of a school; (7) to comply with a judicial order or lawfully issued subpoena; (8) in the case of health and safety emergencies; and (9) to state and local authorities within a juvenile justice system. (20 U.S.C.S. 搂 1232g(b)(1)).
In addition, some records maintained by schools are exempt from FERPA, including: (1) records in the sole possession of school officials; (2) records maintained by a law enforcement unit of the educational institution; (3) records of an educational institution鈥檚 non-student employees; and (4) records on a student who is 18 years of age or older or who attends a post-secondary institution that are maintained by a health professional. (20 U.S.C.S. 搂 1232g(a)(4)(B)). In addition, FERPA allows, but does not require, schools to release 鈥渄irectory information,鈥� including students鈥� names and addresses, to the public. (20 U.S.C.S. 搂 1232g(a)(5)(A)). However, this exception was modified in 2002, and high schools are now required to provide students鈥� names, addresses and telephone numbers to military recruiters, unless a student or parent opts out of such disclosure.