Family Educational Rights and Privacy Act
The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States that protects the privacy of students’ education records. Enacted in 1974, FERPA grants students who are at least 18 years old the right to access, control, and amend their educational records held by institutions receiving federal funding. This law primarily focuses on records related to secondary education, such as academic performance and behavioral information, but does not apply to private or parochial schools that do not receive federal funds.
Under FERPA, public educational institutions must respond to requests for record access within 45 days. Students often need access to their records for college applications, as these documents are typically required by postsecondary institutions. While FERPA ensures that records of students under 18 cannot be disclosed without parental consent, it also outlines specific exceptions where records may be shared without consent, such as in response to legal orders.
Educational institutions are required to inform students annually about their rights under FERPA, highlighting the importance of privacy in educational settings. Despite its protective measures, FERPA does not provide a direct right of action against institutions that fail to comply; rather, non-compliance could result in the withdrawal of federal funding. Over the years, various amendments have further shaped FERPA to address emerging educational contexts, including online education and specific provisions for students in foster care.
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Family Educational Rights and Privacy Act
The Federal Educational Rights and Privacy Act (FERPA) is a US federal law pertaining to education records. It affords students trained in institutions that receive funding from the United States Department of Education the right to access, control, and amend their education records when they reach eighteen years old. FERPA is sometimes referred to as the Buckley Amendment, because it was spearheaded by Republican senator James L. Buckley of New York. The act was signed into law by President Gerald Ford on August 21, 1974.
Overview
FERPA is administered by the Department of Education’s Family Policy Compliance Office. The focus of the act is secondary education records—information regarding classroom achievement and behavioral records maintained by an educational institution. Private schools and parochial schools are not subject to FERPA, because these institutions do not receive federal education funding. The law dictates that publicly funded schools must allow students to view their education records within a period of forty-five days following an official request. College applications represent the most common need for access to secondary education records. Students applying to postsecondary educational institutions are required to provide copies of their education records to college and university admissions personnel during the application process. However, in certain circumstances, state and local educational institutions are bound by FERPA to provide access to records without parent or student consent. These include cases involving a judicial order, subpoena, or other disciplinary proceeding. FERPA requires that students be notified annually of the rights afforded to them under the law. The records of students under the age of eighteen may not be disclosed or amended without the consent of a parent or legal guardian. Although it is not mandated, FERPA regulations advise against teachers or administrations communicating student information via phone or e-mail because they are not considered secure venues of communication.
FERPA was developed to ensure the right to privacy regarding students and parents regarding educational records. The law requires that schools inform postsecondary institutions and employers that the dissemination of an individual’s academic records is not permissible. Nevertheless, FERPA does not produce a right of action on the part of institutions that do not comply with its policies. Instead, it is understood that educational institutions must comply with the law or risk the loss of continued appropriation of federal money. Congress has passed numerous amendments to FERPA since it was initially signed into law. These amendments include stipulations regarding online education and the education of individuals in foster care or other social services entities.
Bibliography
The Family Educational Rights and Privacy Act Guidance for Eligible Students. Washington, DC: Family Policy Compliance Office, US Dept. of Education, Feb. 2011. PDF file.
“FERPA Guidelines Protect Students’ Grades, Right to Privacy.” Collegian. Collegian Media Group, 18 Sept. 2013. Web. 4 Oct. 2013.
“FERPA Primer: The Basics and Beyond.” National Association of Colleges and Employers. Natl. Assn. of Colleges and Employers, Aug. 2008. Web. 4 Oct. 2013.
Lewin, Tamar. “Privacy and Press Freedom Collide in University Case.” New York Times. New York Times Co., 20 Oct. 2011. Web. 4 Oct. 2013.
Ramirez, Clifford A. FERPA Clear and Simple: The College Professional’s Guide to Compliance. New York: Wiley, 2009. Print.
Rooker, LeRoy, and Tina Falkner, eds. AACRAO 2013 FERPA Quick Guide. Washington, DC: AACRAO, 2013. Print.
Walsh, Mark. “Judge Tosses Challenge to FERPA Rules on Student ID Numbers.” Education Week. Editorial Projects in Education, 30 Sept. 2013. Web. 4 Oct. 2013.
Watrall, Ethan. “Understanding FERPA & Educational Records Disclosure.” Chronicle of Higher Education. Chronicle of Higher Education Inc., 23 June 2010. Web. 4 Oct. 2013.