Family Educational Rights and Privacy Act (FERPA)
Family Policy Compliance Office (FPCO) Home
Family Educational
Rights and Privacy Act
(FERPA)
Family Policy Compliance Office (FPCO)
Home
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 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 § 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 or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.
Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
