Protecting the Privacy
of Student Records
Exhibit 2-1
Fact Sheet:
Family Educational Rights
and Privacy Act of 19741
The Family Educational and Privacy Act
(FERPA) is a Federal law designed to protect the privacy of a student's
education records. The law applies to all schools which 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, or former student, who has reached the age of eighteen or
is attending any school beyond the high school level. Students and former
students to whom the rights have transferred are called eligible students.
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Parents or eligible students have the right
to inspect and review all of the student's education records maintained
by the school. Schools are not required to provide copies of materials
in education records unless, for reasons such as great distance, it is
impossible for parents and eligible students to inspect the records. Schools
may charge a fee for copies.
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Parents and eligible students have the right
to request that a school correct records believed 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 commenting on the contested
information in the record.
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Generally, the school must have written permission
from the parent or eligible student before releasing any information from
a student's record. However, the law allows schools to disclose records,
without consent, to the following parties:
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School employees who have a need-to-know;
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Other schools to which a student is transferring;
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Certain government officials in order to carry
out lawful functions;
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Appropriate parties in connection with financial
aid to a student;
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Organizations doing certain studies for the
school;
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Accrediting organizations;
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Individuals who have obtained court orders
or subpoenas;
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Persons who need to know in cases of health
and safety emergencies; and
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State and local authorities, within a juvenile
justice system, pursuant to specific state laws.
Schools may also disclose, without consent,
"directory" type information such as a student's name, address, telephone
number, date and place of birth, honors and awards, and dates ofattendances.
However, schools must tell parents and eligible students about directory
information and allow parents or eligible students a reasonable amount
of time to request the school not disclose directory information about
them.
Schools must notify parents and eligible
students of their rights under this law. 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 or technical
assistance, you may call (202) 260-3887 or TDD (202) 260-8956 or contact:
Family
Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, D.C. 20202-4605
1
Developed by the Family Policy Compliance
Office of the U. S. Department of Education.
For questions about the content of this product, please contact
Lee
M. Hoffman.