FERPA, or the Family Educational Rights and Privacy Act, is a federal law that protects the privacy of student education records. Are you looking for a comprehensive guide to understanding FERPA and how it impacts student privacy? At WHAT.EDU.VN, we provide clear, accessible explanations of complex educational topics. Read on to learn about FERPA regulations, student rights, and how this law affects educational institutions.
1. What is FERPA and What Does It Protect?
The Family Educational Rights and Privacy Act (FERPA) is a US federal law enacted in 1974 to protect the privacy of student education records. FERPA grants specific rights to parents regarding their children’s education records and transfers those rights to students once they turn 18 or attend a post-secondary institution. This includes the right to inspect and review the student’s education records, the right to request the amendment of records believed to be inaccurate or misleading, and the right to control the disclosure of personally identifiable information from education records.
FERPA safeguards student privacy by restricting access to educational records. It applies to all schools receiving funds under any program administered by the US Department of Education. According to the U.S. Department of Education, FERPA ensures that students and their families have the right to access and control their educational records, fostering transparency and accountability within educational institutions. For answers to more questions, visit WHAT.EDU.VN for free!
2. Who Is Protected Under FERPA Regulations?
FERPA protects students and their educational records at educational agencies or institutions that receive funding from the U.S. Department of Education.
2.1. Students
FERPA rights transfer from the parents to the student when the student reaches the age of 18 or attends a postsecondary institution at any age. The eligible student then has the right to:
- Inspect and review their education records.
- Request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the privacy rights of the student.
- Have some control over the disclosure of information from the student’s education records.
2.2. Parents
Parents have rights to their children’s educational records until the student turns 18 or begins attending a postsecondary institution. These rights include:
- The right to inspect and review their child’s education records.
- The right to request that the school correct records that they believe to be inaccurate or misleading.
- The right to consent to the disclosure of their child’s personally identifiable information contained in the educational records, except to the extent that FERPA authorizes disclosure without consent.
FERPA covers all types of educational institutions, whether public or private, as long as they receive funding from the Department of Education. FERPA protection ensures that educational records are handled responsibly and with respect for student privacy. Have more questions? WHAT.EDU.VN offers a free service to answer all your queries.
3. What Constitutes an Education Record Under FERPA?
An education record under FERPA is any record that is directly related to a student and maintained by an educational agency or institution, or by a party acting on its behalf.
3.1. Defining “Directly Related”
For a record to be considered directly related to a student, the student must be the primary focus of the record. The US Department of Education clarifies that incidental mentions or background appearances do not qualify.
For example, a photograph of a basketball game where two students are playing would directly relate to those two students, but not necessarily to others in the background.
3.2. Defining “Maintained by an Educational Agency”
The Supreme Court defines educational records as institutional records kept by a central custodian, such as a registrar. Systematic maintenance by the school is essential for FERPA to apply. Psychological evaluations and disciplinary action notes are examples of records subject to FERPA.
However, there are exceptions. Records not centrally maintained include:
- Quiz papers graded in class by other students.
- Emails about students stored on teachers’ hard drives, provided they aren’t recorded in the student’s education record.
- Blog posts.
- Records kept by student organizations.
- Single copies of teacher’s notes.
- Photos and videos taken on school property, unless they become part of a student’s education record.
Understanding what constitutes an education record ensures institutions and students understand their rights and responsibilities under FERPA. Curious about other nuances? Get your questions answered for free at WHAT.EDU.VN.
4. What Information Is Not Protected by FERPA?
FERPA doesn’t protect all information related to students. Certain types of data are exempt from its protection, allowing schools to disclose them without violating the law.
4.1. Directory Information
Directory information is basic demographic data that schools can release without consent. This includes a student’s name, address, phone number, email address, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight and height of athletic team members, degrees, honors, and awards received, and the most recent educational agency or institution attended.
Schools must inform parents or eligible students about what constitutes directory information and allow them the opportunity to opt-out. If a student opts out, even directory information cannot be disclosed.
4.2. General Information
FERPA applies to tangible records and information derived from those records but does not protect general knowledge. Information obtained through personal observation or knowledge, rather than from an education record, isn’t protected by FERPA.
For instance, if a student journalist learns about another student’s failing grades through an interview, publishing that information doesn’t violate FERPA, even if the school has those grades in its records.
4.3. Law Enforcement Records
Congress amended FERPA in 1992 to remove privacy protection for records created by a law enforcement unit of the educational agency for law enforcement purposes. This change allows police and campus security to release arrest records and incident reports without violating FERPA. However, in a 2018 case, it was clarified that schools could redact personally identifiable information, such as student numbers and disciplinary emails, from campus police records.
Navigating these exemptions requires a clear understanding of FERPA’s scope. If you have further questions, WHAT.EDU.VN provides free, reliable answers.
5. What Are the Exceptions to FERPA’s Privacy Rule?
While FERPA generally requires student consent before disclosing education records, there are several exceptions where disclosure is permitted without consent.
5.1. School Officials With Legitimate Educational Interest
FERPA allows educational institutions to disclose education records to school officials who have a legitimate educational interest in the information. A school official typically includes teachers, administrators, counselors, and other staff members. According to the U.S. Department of Education, a legitimate educational interest means the school official needs to review an education record to fulfill their professional responsibilities for the student.
5.2. Transfer to Other Schools
Schools can forward a student’s education records to other schools where the student seeks or intends to enroll. The sending school must make a reasonable attempt to inform the student of the transfer unless it states in its annual notification of FERPA rights that it intends to forward records.
5.3. Financial Aid
Education records can be disclosed in connection with a student’s application for, or receipt of, financial aid, as may be necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions for the aid, or enforce the terms and conditions of the aid.
5.4. Audits and Evaluations
FERPA permits the disclosure of education records to authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs.
5.5. Accrediting Organizations
Schools may disclose education records to accrediting organizations to carry out their accrediting functions.
5.6. Legal Orders and Subpoenas
Schools must comply with lawfully issued subpoenas and court orders, disclosing education records as required. The school must make a reasonable effort to notify the student or parent of the order or subpoena before complying, unless the court orders them not to.
5.7. Health and Safety Emergencies
In a health or safety emergency, schools can disclose education records if the information is necessary to protect the health or safety of the student or other individuals. This exception is construed narrowly and should be related to an imminent threat.
5.8. Studies on Behalf of Educational Agencies
FERPA allows the disclosure of education records to organizations conducting studies for or on behalf of educational agencies or institutions to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction. These studies must be conducted in a way that does not permit the personal identification of students and the information must be destroyed when no longer needed for the purposes for which it was conducted.
Understanding these exceptions is critical for schools to comply with FERPA while ensuring necessary information is accessible. Do you need more clarification on FERPA exceptions? Get free answers at WHAT.EDU.VN.
6. What About Sexual Assault and Campus Crime Records Under FERPA?
Universities and other schools have often used FERPA to avoid disclosing information about sexual assaults perpetrated by or against students. However, FERPA does exempt the final results of disciplinary proceedings against students who commit serious crimes, including sex crimes and crimes of violence.
In 2016, the University of Kentucky sued its independent newspaper, the Kentucky Kernel, to prevent the release of records related to a sexual assault investigation on campus. FERPA expressly allows the disclosure of the name of the student, the violation committed, and any sanction imposed by the institution on that student.
In 2017, the University of North Carolina at Chapel Hill denied a request for records of those found responsible for sexual misconduct, claiming discretion even though the documents were exempt from FERPA. The Court of Appeals for North Carolina clarified that FERPA does not give universities the discretion to withhold public information otherwise subject to open record laws, and FERPA cannot preempt state open record laws.
These cases highlight the tension between protecting student privacy and ensuring transparency in campus safety matters. Have more questions about FERPA and campus crime? Get free answers at WHAT.EDU.VN.
7. How Do Public Record Laws Interact With FERPA?
Every state has public-records laws, also known as sunshine laws, freedom-of-information acts, or open-records acts, that require state and local government agencies, including public schools and colleges (though not private ones), to disclose documents they maintain upon request. These laws ensure government agencies allow inspection and copying of any type of medium that records information within a reasonable time.
The requester doesn’t need to justify their request, and if access is denied, the burden is on the agency to justify the denial legally. Refusal to produce public records can result in fines, attorney fees, and even jail time under some state laws.
Courts generally interpret state open-records laws broadly, applying any exception to disclosure as narrowly as possible. The benefit of the doubt goes to the party requesting access.
These laws often exclude medical information, confidential attorney-client communications, and identity theft information. Almost every state open-records act also includes a discretionary balancing test, enabling an agency to refuse a request if disclosure would constitute an unwarranted invasion of individual privacy.
Understanding how public record laws interact with FERPA is vital for transparency and accountability in educational institutions. Want to know more? Get free answers at WHAT.EDU.VN.
8. What Are Redacted Records Under FERPA?
The courts have been clear that once all identifying information is removed from a document (redacted), it no longer qualifies as a FERPA education record. If the record is otherwise subject to the state’s open-records law, it must be disclosed.
In 2007, the Montana Supreme Court ruled that transcripts of NCAA compliance hearings, where student-athletes’ names were blacked out, were not FERPA records. Similarly, an Indiana appeals court in 2003 rejected the argument that a 1,000-page document could be withheld due to a single line of FERPA-protected information.
The Department of Education has given unclear guidance on this subject, revising its FERPA rules effective January 2009 to broaden the definition of education records. Under this interpretation, schools should deny requests for records (even with all identifying information removed) if the information could be linked to a particular student by someone with inside knowledge.
The Department of Education also noted that in the case of photos or videos containing depictions of multiple students, if the school can reasonably redact or segregate parts related to other students without destroying the meaning, it must do so before providing access. If not, only students to whom the video directly relates should have access.
Navigating redacted records requires a nuanced understanding of FERPA. Do you have questions about this? Find free answers at WHAT.EDU.VN.
9. How Is FERPA Enforced?
The U.S. Department of Education (DOE) is responsible for enforcing FERPA. The DOE publishes rules for FERPA compliance in the Federal Register and issues opinion letters through its Family Policy Compliance Office, providing guidance on what constitutes a FERPA violation.
In a 2002 ruling, the U.S. Supreme Court held that individual citizens who believe their education records have been released improperly cannot sue under FERPA. The only recourse for a FERPA violation is through a DOE enforcement action. Students or parents who feel their right to access or amend a file has been infringed can complete a FERPA complaint form online or by calling (202) 260-3887.
Financial penalties are imposed only if, after issuing a notice of violation and a plan of correction, the DOE determines that the school will refuse to comply with FERPA voluntarily. To date, the DOE has never imposed a financial penalty for a FERPA violation because the penalty involves a total revocation of eligibility to receive federal education funding.
Understanding FERPA enforcement helps ensure compliance and protect student privacy rights. Need more information? Get free answers at WHAT.EDU.VN.
10. What Remedies and Responses Are Available for FERPA Violations?
Due to a lack of clear guidance from Congress or the Department of Education, abuses of FERPA are common. Some schools and colleges routinely cite FERPA in response to nearly any open-records request, forcing requesters to engage in costly public-records lawsuits to obtain answers. Journalists can use common-sense reporting techniques to increase their chances of obtaining needed information without legal battles.
Here are some strategies:
- Know Which Records Are Exempt: Many commonly requested records, such as police reports and parking tickets, are exempt from FERPA by law, DOE rule, or court interpretation.
- The Burden Is on the School, Not the Requester: Public-records laws place the burden on the agency to provide a legal justification for withholding records. If an agency claims student confidentiality, ask for a specific legal justification.
- Look for Anonymous Statistical Records: FERPA should rarely apply to anonymous statistical records.
- Ask for Redacted Files: If identifying information can be removed, the agency is obligated to do so and produce a partial record. FERPA is not a legitimate excuse for a blanket denial.
- Get a Waiver: An adult student can consent to the disclosure of their education records.
- Interview Students: FERPA applies only to the educational institution, not to students who can disclose what they know. The DOE stated in a 1993 opinion letter that FERPA was not intended to apply to campus newspapers or records maintained by them.
- File a Complaint: If you are denied access or amendment to your own records, file a FERPA complaint online or by calling (202) 260-3887.
- Publicize the Denial: News organizations wrongfully denied public records based on FERPA should publicize the denial, write editorials, and bring it to the attention of federal officials.
By understanding available remedies and responses, individuals can better navigate FERPA-related issues. Do you have any questions about FERPA? Don’t hesitate to ask for free assistance at WHAT.EDU.VN. Our address is 888 Question City Plaza, Seattle, WA 98101, United States. You can also reach us via Whatsapp at +1 (206) 555-7890.
FAQ: Understanding FERPA (Family Educational Rights and Privacy Act)
| Question | Answer |
|---|---|
| What is the main purpose of FERPA? | FERPA primarily protects the privacy of student education records by limiting who can access them without the student’s consent. |
| Who has rights under FERPA? | Rights under FERPA belong to parents until the student turns 18 or attends a postsecondary institution, at which point the rights transfer to the student. |
| What is considered an “education record” under FERPA? | An education record is any record directly related to a student that is maintained by an educational agency or institution or by a party acting on its behalf. |
| What types of information are not protected by FERPA? | Information not protected includes directory information (unless opted out), general information obtained through personal knowledge, and law enforcement records. |
| Can schools release student information in emergencies? | Yes, in health or safety emergencies, schools can disclose education records if the information is necessary to protect the health or safety of the student or other individuals. |
| What steps can journalists take when facing FERPA-related denials? | Journalists can research exemptions, request specific legal justifications for denials, seek anonymous statistical records, ask for redacted files, obtain waivers, and interview students who are not bound by FERPA. |
| How is FERPA enforced? | FERPA is enforced by the U.S. Department of Education, which investigates complaints and can issue penalties for non-compliance. |
| Can individuals sue schools for FERPA violations? | No, individuals cannot sue schools directly for FERPA violations. Enforcement is solely through the U.S. Department of Education. |
| What are directory information rights? | Schools can disclose directory information, such as a student’s name, address, and enrollment status, unless the student opts out. |
| Does FERPA apply to private schools? | FERPA applies to any educational agency or institution that receives funding from the U.S. Department of Education, which includes many private schools. |
Conclusion
FERPA is a critical law ensuring the privacy of student education records. By understanding what FERPA protects, its exceptions, and how it’s enforced, students, parents, and educational institutions can navigate this complex legal landscape effectively. At WHAT.EDU.VN, we strive to provide clear, accessible information to empower you with knowledge.
Do you have more questions about FERPA or other educational topics? Don’t hesitate to reach out. At WHAT.EDU.VN, we’re dedicated to providing accessible answers to all your questions, completely free of charge. Visit our website or contact us today!
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