Family
Educational Rights and Privacy Act (FERPA)
Family
Policy Compliance Office (FPCO) Home
The
Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR
Part 99) is a Federal law that protects the privacy of student education
records. The law applies to all schools that receive funds under an applicable
program of the U.S. Department of Education.
FERPA
gives parents certain rights with respect to their children's education
records. These rights transfer to the student when he or she reaches the age of
18 or attends a school beyond the high school level. Students to whom the
rights have transferred are "eligible students."
- Parents or
eligible students have the right to inspect and review the student's
education records maintained by the school. Schools are not required to
provide copies of records unless, for reasons such as great distance, it
is impossible for parents or eligible students to review the records.
Schools may charge a fee for copies.
- Parents or
eligible students have the right to request that a school correct records
which they believe to be inaccurate or misleading. If the school decides
not to amend the record, the parent or eligible student then has the right
to a formal hearing. After the hearing, if the school still decides not to
amend the record, the parent or eligible student has the right to place a
statement with the record setting forth his or her view about the
contested information.
- Generally, schools
must have written permission from the parent or eligible student in order
to release any information from a student's education record. However,
FERPA allows schools to disclose those records, without consent, to the
following parties or under the following conditions (34 CFR § 99.31):
- School
officials with legitimate educational interest;
- Other
schools to which a student is transferring;
- Specified
officials for audit or evaluation purposes;
- Appropriate
parties in connection with financial aid to a student;
- Organizations
conducting certain studies for or on behalf of the school;
- Accrediting
organizations;
- To comply
with a judicial order or lawfully issued subpoena;
- Appropriate
officials in cases of health and safety emergencies; and
- State and
local authorities, within a juvenile justice system, pursuant to specific
State law.
Schools
may disclose, without consent, "directory" information such as a
student's name, address, telephone number, date and place of birth, honors and
awards, and dates of attendance. However, schools must tell parents and
eligible students about directory information and allow parents and eligible
students a reasonable amount of time to request that the school not disclose
directory information about them. Schools must notify parents and eligible
students annually of their rights under FERPA. The actual means of notification
(special letter, inclusion in a PTA bulletin, student handbook, or newspaper
article) is left to the discretion of each school.
For
additional information, you may call 1-800-USA-LEARN (1-800-872-5327) (voice).
Individuals who use TDD may use the Federal
Relay Service.
Or
you may contact us at the following address:
Family
Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520