Under Ferpa An Eligible Student.FERPA (Family Educational Rights and Privacy Act) is a federal law in the United States that protects the privacy of student education records. It applies to all educational institutions that receive federal funding, which includes most K-12 schools and postsecondary institutions.
Under Ferpa An Eligible Student.
FERPA gives eligible students (students who have reached the age of 18 or attend a postsecondary institution) certain rights regarding their education records. Here’s a complete guide to FERPA and its provisions:
- What is FERPA?
FERPA is a federal law that gives parents or eligible students the right to access and control their education records. It also establishes certain requirements for the protection of those records.
- Who is considered an “eligible student”?
An eligible student is someone who has reached the age of 18 or is attending a postsecondary institution, such as a college or university. Once a student becomes an eligible student, the rights under FERPA transfer from the parents to the student.
- What rights does FERPA provide to eligible students?
FERPA grants eligible students the following rights:
- Access to Records: Students have the right to access their education records upon request. This includes academic transcripts, grades, attendance records, and other personally identifiable information.
- Control of Disclosure: Students have the right to control the disclosure of their education records. Educational institutions cannot release these records without the student’s written consent, except under certain exceptions.
- Amendment of Records: Students have the right to request the correction of inaccurate or misleading information in their education records.
- Consent to Release Information: Students can grant written consent for the release of their records to third parties, such as parents or employers.
- What are the exceptions to consent for disclosure?
FERPA allows educational institutions to disclose education records without consent under the following circumstances:
- School officials with legitimate educational interests.
- Other schools to which a student is transferring.
- Specified officials for audit or evaluation purposes.
- In connection with financial aid for which the student has applied.
- To comply with a judicial order or lawfully issued subpoena.
- To appropriate authorities in health and safety emergencies.
- Directory information (though students can request to opt-out).
- How can eligible students exercise their rights under FERPA?
Students can typically exercise their FERPA rights by submitting a written request to the appropriate school official, such as the registrar or dean of students. Educational institutions must provide students with instructions on how to request access to their records and how to challenge inaccuracies.
- What is “directory information”?
Directory information is information that is generally not considered harmful or an invasion of privacy if disclosed. This might include a student’s name, address, phone number, email address, date and place of birth, major field of study, enrollment status, and participation in activities. Schools can disclose directory information without consent unless the student has opted to restrict its release.
- How does FERPA impact parents?
Once a student becomes an eligible student (attends college or turns 18), FERPA rights transfer to the student. Parents have limited access to education records at the postsecondary level without the student’s written consent.
- What are the penalties for FERPA violations?
Educational institutions that violate FERPA may face sanctions, including the loss of federal funding. However, FERPA does not provide individuals with a private right of action to sue educational institutions for violations.
- How can educational institutions comply with FERPA?
Educational institutions must:
- Provide annual notification to eligible students about their rights under FERPA.
- Designate which items are considered directory information and allow students to opt-out of its disclosure.
- Obtain written consent before disclosing education records.
- Have policies and procedures in place for handling and protecting education records.
- Additional Resources:
For more detailed information and guidance on FERPA, you can refer to resources provided by the U.S. Department of Education, your educational institution’s FERPA officer, or legal experts in education law.
Remember, FERPA is a complex law that plays a crucial role in safeguarding student privacy and educational records. If you have specific questions or concerns about FERPA, it’s advisable to consult with a legal professional or your educational institution’s designated FERPA representative.