The Family Educational Rights and Privacy Act (FERPA) protects the confidentiality of student educational records at any public or private elementary, secondary, or post-secondary school, and any state or local education agency receiving federal funds. FERPA grants students the right to inspect and review their records, request corrections, stop the dissemination of personal information, and access their institution’s policy on educational records. It also prohibits disclosure of such information without the student’s or parent’s consent, except under specified conditions.
Key Provisions:
- Student Rights: Students have the right to inspect and review their records, request corrections, and halt the release or dissemination of personal information.
- Consent Requirement: Schools must obtain written consent before disclosing personally identifiable information, with exceptions for legitimate educational interest, transfer to another school, audit, evaluation, financial aid, certain studies, judicial orders, health and safety emergencies, and juvenile justice systems.
- Directory Information: Schools may release directory information, such as names and addresses, unless opted out by the student or parent.
- Record Exemptions: Certain records are exempt from FERPA, including sole possession records, law enforcement unit records, employee records, and certain health records.
History:
- Enacted in 1974, FERPA was a response to the misuse of student records.
- The “Joint Statement in Explanation of Buckley/Pell Amendment” clarified the intent to give parents access to their children’s records to protect their interests.
Amendments:
- 1974: Limited post-secondary student access to parental financial records and pre-1975 recommendation letters.
- 1979: Allowed state and local educational officials to access records for audits or evaluations.
- 1990-2013: Various amendments expanded conditions under which records could be disclosed without consent, including health or safety emergencies, campus security, and cases involving juvenile justice systems.
Protections:
- Parents and Eligible Students: FERPA grants rights to inspect and amend records and provides consent requirements for disclosure.
- Disclosure Exceptions: Include disclosures to school officials, other schools, government representatives, financial aid providers, organizations conducting studies, accrediting organizations, and in cases of health or safety emergencies.
- Post-Secondary Students: Additional rights include notification of disciplinary proceedings’ outcomes and disclosure to parents about drug or alcohol violations for students under twenty-one (21).
FERPA and COVID-19:
The health or safety emergency exception applies, allowing the disclosure of information necessary to protect individuals during the pandemic.
Complaints:
Violations of FERPA can be addressed through the Department of Education’s Student Privacy Policy Office, but there is no private right of action to sue for violations.
EPIC’s Work:
The Electronic Privacy Information Center (EPIC) has advocated for stronger FERPA protections, transparency in data practices, and accountability for the use of recent technologies in classrooms.
Key Legal References
- Family Educational Rights and Privacy Act: 20 U.S.C. § 1232g
- FERPA Regulations: 34 CFR Part 99.
Directory Information
Under FERPA, a school can disclose what is known as “directory information” without violating a student’s privacy. This includes:
- Name,
- Address,
- Telephone number,
- Date and place of birth,
- Major,
- Dates of attendance,
- Degrees and awards received,
- Enrollment status (full-time, part-time, etc.),
- Most recent previous school attended.
Opting Out:
If a student does not desire the school to release or disclose their directory information, they must complete and submit the “Request for Non-Release of Directory Information” form.
Granting Access to Education Records:
To allow a student’s parents or any third-party access to their education records, the student needs to submit a signed and dated consent form such as Model Form for Disclosure to Parents of Dependent Students and Consent Form for Disclosure to Parents on the U.S. Dept. of Education website and/or each school may have its own version. A Durable Power of Attorney executed by the adult child student with the parent as Agent can also be particularly important and helpful in allowing parents access to their child’s educational records as well as medical records if the said child is rendered unable to do so on their own.
Without the foregoing, the subject school cannot discuss the adult student’s records with anyone other than the said student, except for the specific exceptions allowed under FERPA.
Submitting a FERPA Authorization:
- Students are not required to sign the FERPA authorization.
- Students can change their authorization at any time by submitting a new authorization form.
Additional Information: For more details on FERPA rights or the FERPA waiver or authorizations, one can contact the Registrar’s Office at the subject school, and/or refer to the U.S. Department of Education’s resources on FERPA. A Florida resident can also contact an Estate Planning or Elder Law attorney regarding Durable Powers of Attorney.
The foregoing is a brief and general overview of the topic.
If you have any additional questions regarding the foregoing or have any legal issue or concern, please contact the law firm of CASERTA & SPIRITI in Miami Lakes, Florida.