Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 搂 1232g;
34 CFR Part 99) 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.
FERPA gives parents certain rights with respect to their children's
education records. These rights transfer to the student when he or she reaches
the age of 18 or attends a school beyond the high school level. Students to
whom the rights have transferred are "eligible students."
Parents or eligible students have the
right to inspect and review the student's education records maintained by the
school. Schools are not required to provide copies of records unless, for
reasons such as great distance, it is impossible for parents or eligible
students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the
right to request that a school correct records which they believe 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 setting
forth his or her view about the contested information.
Generally, schools must have written
permission from the parent or eligible student in order to release any
information from a student's education record. However, FERPA allows schools to
disclose those records, without consent, to the following parties or under the
following conditions (34 CFR 搂 99.31):
School officials with legitimate
educational interest;
Other schools to which a student is
transferring;
Specified officials for audit or
evaluation purposes;
Appropriate parties in connection with
financial aid to a student;
Organizations conducting certain
studies for or on behalf of the school;
Accrediting organizations;
To comply with a judicial order or
lawfully issued subpoena;
Appropriate officials in cases of
health and safety emergencies; and
State and local authorities, within a
juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information
such as a student's name, address, telephone number, date and place of birth,
honors and awards, and dates of attendance. However, schools must tell parents
and eligible students about directory information and allow parents and
eligible students a reasonable amount of time to request that the school not
disclose directory information about them. Schools must notify parents and
eligible students annually of their rights under FERPA. 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, you may call 1-800-USA-LEARN (1-800-872-5327)
Or write to the聽following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
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