what is FERPA
The Family Educational Rights and Privacy Act (FERPA) 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. It requires schools to tell you what information they collect, who has access to it, and how it’s protected. FERPA gives parents certain rights with respect to their children’s education records:
- Parents have the right to inspect and review the student’s education records within 45 days after receiving a request for access from them;
- Parents may request amendments for any part of their child’s record they feel is inaccurate or misleading;
- Parents may consent on behalf of their children before those children release personally identifiable information (PII) from their own educational record(s);
Who Does FERPA Protect?
FERPA protects the privacy of student education records. It applies to all schools that receive funds under an applicable program of the U.S. Department of Education, which includes virtually all public and private schools at every level from kindergarten through college.
FERPA also applies to state and local educational agencies that administer any program or activity that is funded by a federal grant (such as Head Start), even if they don’t receive money directly from the U.S. Department of Education (e.g., some charter schools). In addition, FERPA prohibits colleges and universities from disclosing personally identifiable information about former students unless they are given written permission by those former students or their parents/guardians who have rights under FERPA as explained below:
What Information is Protected by FERPA?
FERPA protects the privacy of student education records. An education record is any information that is kept by an educational institution or by a party acting for the institution and that:
- Identifies a student;
- Was obtained by an institution or party acting for the institution to be used in determining eligibility for admission, services or financial aid; or
- Is part of a student’s permanent record (such as a transcript).
What are the Penalties for Violating FERPA?
FERPA has civil, criminal and administrative penalties. The most common penalty is a civil fine of up to $500 per violation. In addition to the monetary fines, schools that violate FERPA can also be required by federal courts to pay attorney’s fees and costs associated with litigation.
The Department of Education (DOE) may also impose an administrative sanction on a school for violating FERPA if it finds that there was an “egregious” violation or pattern of violations of student privacy rights under FERPA. These sanctions include:
- Imposing a limitation on the institution’s ability to participate in Federal student aid programs;
- Removing or suspending any programmatic accreditation; or
- Suspending any State approval granted under State law
How Can Schools Comply with FERPA?
To comply with FERPA, schools should develop and implement policies that clearly state the school’s intent to protect student information. These policies should be reviewed at least annually by the school’s governing body (usually a board of trustees).
Schools must also train all employees who have access to student records on how to handle student information appropriately. This training must be repeated every two years for those employees who continue working at the school.
Additionally, schools are required under FERPA to review all third-party agreements regarding educational records before signing them or renewing them every five years after they were initially signed
What Rights Do Schools Have Under FERPA?
Under FERPA, schools have several rights when it comes to student education records. One of the primary rights that schools have is the right to access those records. This means that schools can review and maintain student records in order to properly educate and support their students.
However, schools are also required to protect the privacy of student records and may not disclose personally identifiable information without the written consent of the student or their parents/guardians. Schools may disclose information without consent in certain limited circumstances, such as when the information is necessary to protect the health or safety of the student or others.
Schools also have the right to designate certain information as “directory information,” which includes items such as a student’s name, address, and telephone number. This information may be disclosed without consent unless the student or their parents/guardians have opted out of directory information disclosure.
Additionally, schools have the right to challenge and deny requests for access to student records that they believe are not legitimate or are not authorized under FERPA.
Overall, while schools have several rights when it comes to student education records, these rights must be balanced with the need to protect student privacy and comply with FERPA regulations. By properly educating their personnel, maintaining clear policies and procedures, and staying up-to-date on FERPA regulations, schools can ensure that they are protecting student privacy while also fulfilling their important role in educating and supporting their students.
How Can Parents and Students Exercise Their Rights Under FERPA?
- Inspecting and Reviewing Education Records
You have the right to inspect and review your education records. You also have the right to request that a school correct or amend any part of your education record that you believe is inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. If you think that a school has violated your rights under FERPA, you may file a complaint with the U.S. Department of Education’s Family Policy Compliance Office (FPCO). To do so: - Visit : https://www2.ed.gov/rschstat/landing.jhtml
What Are the Exceptions to FERPA?
FERPA does not apply to directory information, which includes a student’s name, address and telephone number. Schools may release this information without consent if it is in the school’s directory and/or if it has been requested by the student or his or her parents.
FERPA also allows schools to disclose educational records without written consent when they are required by state law; when they are given to certain government agencies for audit or evaluation purposes; when they are given to outside organizations that perform certain services for the school (such as an attorney hired by the school); when they are given out during a health emergency; or when there is an imminent threat of danger about which disclosure would help protect against harm.
What Are the Best Practices for Complying with FERPA?
First and foremost, schools should educate their personnel on FERPA regulations and ensure that they understand how to properly handle student information. This includes training employees on how to maintain the confidentiality of student records and how to respond to requests for access to those records.
Another important best practice is to regularly review third-party agreements to ensure that they are in compliance with FERPA regulations. This includes agreements with vendors, contractors, and other service providers who may have access to student information.
Schools should also have clear policies and procedures in place for responding to requests for education records. This includes providing timely and accurate information to parents and students who request access to their records, as well as ensuring that all requests are properly documented and tracked.
In addition to these best practices, schools should also be proactive in monitoring their own compliance with FERPA regulations. This can include conducting regular audits of student records and policies, as well as seeking guidance and assistance from the U.S. Department of Education’s Family Policy Compliance Office (FPCO) when necessary.
By following these best practices, schools can ensure that they are in compliance with FERPA regulations and are protecting the privacy of their students’ education records. This not only helps to safeguard sensitive information, but also helps to build trust and confidence with parents and students who entrust their personal information to educational institutions.
Conclusion
The Family Educational Rights and Privacy Act is a federal law that protects the privacy of student education records. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education, which includes virtually all public and private institutions.
The purpose of FERPA is to protect the privacy of students’ educational records and to ensure that those records are used only for educational purposes. The law applies to all schools from kindergarten through college, including online schools and virtual charter schools that accept federal funding through state or local governments; it does not apply to private K-12 schools unless they also receive federal funding for specific programs such as special education services for students with disabilities or Head Start preschool programs for low-income families.
