Legal Definitions - FERPA

FERPA, which stands for the Family Educational Rights and Privacy Act, is a federal law in the United States that protects the privacy of student education records. This law gives parents certain rights concerning their children's education records. These rights transfer directly to the student once they turn 18 years old or begin attending a postsecondary institution (such as a college or university), at which point they are referred to as an "eligible student."

In essence, FERPA generally requires educational institutions to obtain written permission from the parent or eligible student before disclosing personally identifiable information from the student's education records. It also grants parents and eligible students the right to inspect and review these records, and to request that any information they believe is inaccurate or misleading be amended.

• Example 1: Parental Access to K-12 Records

  Imagine a parent of a 10-year-old elementary school student wants to review their child's standardized test scores and attendance records. The school administration cannot refuse this request.

  How this illustrates FERPA: Under FERPA, parents have the right to inspect and review their minor child's education records. The school is obligated to provide access to these records upon request, ensuring transparency regarding the child's academic progress and school history.

• Example 2: Student Consent for College Transcript Release

  A university student applies for an internship, and the potential employer contacts the university's registrar's office directly, requesting the student's official academic transcript. The registrar's office informs the employer that they cannot release the transcript without the student's explicit written consent.

  How this illustrates FERPA: Once a student enrolls in a postsecondary institution, the rights under FERPA transfer from their parents to the student. This means the university cannot disclose personally identifiable information from the student's education records, such as their transcript, to third parties like potential employers without the student's specific written permission, thereby protecting the student's privacy.

• Example 3: Disclosure to School Officials with Legitimate Interest

  A college student is struggling in a particular course, and their academic advisor needs to access the student's past grades and course history to recommend appropriate support services and adjust their study plan. The advisor is able to view these records without the student's immediate permission for that specific interaction.

  How this illustrates FERPA: FERPA includes an exception that allows for the disclosure of education records without consent to "school officials" who have a "legitimate educational interest." In this scenario, the academic advisor is a school official, and accessing the student's academic history to provide guidance falls under a legitimate educational interest, enabling them to fulfill their role in supporting the student's education.