Understanding FERPA Regulations: A Guide to Parent Rights in Education

The Family Educational Rights and Privacy Act (FERPA), enacted in 1974, is a federal law designed to safeguard the privacy of student education records. Often referred to as the Buckley Amendment, named after its principal sponsor Sen. James Buckley, FERPA grants specific rights to parents regarding their children's education records and, once a student turns 18 or attends a postsecondary institution, to the students themselves. This article delves into the intricacies of FERPA regulations, focusing on parent rights and the balance between student privacy and parental involvement.

Scope and Applicability of FERPA

FERPA applies to any public or private elementary, secondary, or post-secondary school that receives funds under an applicable program of the US Department of Education. This broad scope ensures that a wide range of educational institutions adhere to the standards set forth by the Act. Because parochial and private schools at the elementary and secondary levels generally do not receive funding under any program administered by the US Department of Education, they are not subject to FERPA. Additionally, it extends to state and local education agencies receiving similar funding. Schools that fail to comply with FERPA risk losing federal funding, underscoring the importance of understanding and adhering to its provisions.

Core Principles of FERPA

FERPA is designed to achieve a two-fold purpose:

Granting Access: To grant parents (and students 18 or older) access to information in the student’s education record.
Protecting Information: To protect that information from disclosure to third parties without parental consent.

At its core, FERPA ensures that parents have the right to:

Inspect and review the student's education records maintained by the school.
Request that a school correct records they believe to be inaccurate or misleading. If the school decides not to change the record, the parent or eligible student then has the right to a formal hearing.
Schools need written permission from the parent or eligible student to release any information from a student's education record.

These rights transfer to the student once they turn 18 years old or enter a postsecondary institution, at which point they are considered an "eligible student" under FERPA.

Read also: Understanding FERPA Eligibility

Parent Rights Under FERPA

FERPA extends certain privacy rights to parents with regard to their children’s education records. Parents have the right to inspect their children’s education records, and eligible students have the right to inspect their own education records. If a parent or eligible student is circumstantially unable to exercise the right to review the records, the school must provide copies of the records or otherwise make arrangements for the parents or eligible student to inspect the records. A school cannot charge a fee merely to search for a student’s records, but may charge a copying fee. Parents and eligible students also have the right to request that education records be amended if the records contain information thought to be inaccurate, misleading, or in violation of the student’s privacy. Schools are required to inform parents and eligible students of their rights under FERPA. The method of providing such information is left to the discretion of the school.

Access to Records

Under FERPA, a parent or eligible student must be given the opportunity to inspect and review the student's education records. If a parent or eligible student is circumstantially unable to exercise the right to review the records, the school must provide copies of the records or otherwise make arrangements for the parents or eligible student to inspect the records. A school MAY NOT CHARGE FEES for granting access to inspect and review the record.

Requesting Corrections

Parents and eligible students also have the right to request that education records be amended if the records contain information thought to be inaccurate, misleading, or in violation of the student’s privacy. If the school decides not to change the record, the parent or eligible student then has the right to a formal hearing. The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under §99.21. Finally, the amendments gave students the right to insert a written explanation regarding the contents of records.

Disclosure of Information and Exceptions

Generally, schools must obtain written consent from parents and eligible students before disclosing any personally identifiable information from a student’s education record, other than “directory information.” But there are many exceptions to this general rule.

Directory Information

FERPA recognizes a class of basic demographic information known as “directory information,” that can safely be released without violating FERPA. This includes such data as a student’s name, address, phone number, honors and awards, dates of attendance, and other basic demographics. Schools must tell parents (or eligible students) what will be disclosed and give them an opportunity to submit an opt-out form. For those who opt out, even directory information is not to be disclosed.

However, even basic directory information can be subject to FERPA if “when one or more pieces of information are combined it would allow a reasonable person to identify a child.”

Exceptions to Consent

Despite the general requirement for written consent, FERPA outlines several exceptions that allow schools to disclose education records without it. These include:

School Officials: Education records may be disclosed to school officials within the school, such as teachers, who have a legitimate educational interest in the information. It is the school’s responsibility to determine when there is a legitimate educational interest. For example, a teacher concerned about a student’s performance may have a legitimate educational interest in looking at the student’s standardized test scores, but a teacher who just wanted to find out the IQ scores of his or her students probably would not. An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests.
Other Schools: Education records may be disclosed to another school, school district, or post-secondary institution where the student is planning to enroll.
Auditing and Evaluation: Education records may be disclosed to representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the United States Department of Education, or other state or local authorities for purposes of audit or evaluation.
Financial Aid: Education records may be disclosed for purposes related to financial aid for which the student has applied, as long as the information is necessary to make determinations of eligibility for aid, amount or conditions of aid, or enforcement of terms of aid.
Juvenile Justice System: Education records may be disclosed to state or local officials or authorities within a juvenile justice system, as long as the disclosure is made pursuant to a state law.
Educational Studies: Education records may be disclosed to organizations that are conducting studies for educational agencies or institutions in connection with the development or administration of predicative tests or student aid programs, or studies that are intended to improve educational instruction. Such studies must not permit identification of parents or students by anyone other than representatives of the organization. Furthermore, the personally identifiable information must be destroyed when no longer needed for the study.
Accrediting Organizations: Education records may be disclosed to accrediting organizations for purposes of conducting accreditation procedures.
Dependent Students: Education records may be disclosed to the parents of a dependent student as defined by the IRS. Under FERPA, schools may release any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules. Under FERPA, a postsecondary institution may disclose education records to parents of dependent students without written consent. Neither the age of the student nor the parent’s status as custodial parent is relevant in this case. If the student is claimed as a dependent by either parent for tax purposes, then either parent may be given access under this provision. To make such a dependency determination, a school may ask the parent to provide a copy of the most recent Federal income tax form.
Health or Safety Emergency: Education records may be disclosed in connection with a health or safety emergency. The Department interprets FERPA to permit schools to disclose information from education records to parents if a health or safety emergency involves their son or daughter. In making a determination under paragraph (a) of this section, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.
Court Order: Education records may be released in compliance with a court order, such as a subpoena, but schools must first make a “reasonable effort” to provide notice to parents or students. In the case of law enforcement or federal grand jury subpoenas, the issuing court or agency may, for good cause, order the school not to disclose the existence or contents of the subpoena or the records released pursuant to the subpoena.

Alcohol and Controlled Substance Violations

Another provision in FERPA permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.

Law Enforcement Unit Records

Under FERPA, schools may disclose information from “law enforcement unit records” to anyone - including parents or federal, State, or local law enforcement authorities - without the consent of the eligible student. Many colleges and universities have their own campus security units. Records created and maintained by these units for law enforcement purposes are exempt from the privacy restrictions of FERPA and can be shared with anyone. Congress amended FERPA in 1992 to expressly remove privacy protection for records created by a police or campus security agency “for the purpose of law enforcement.” As a result of this change, it is illegitimate for a police or public safety department to cite FERPA in refusing to release an arrest record, an incident report, or the identities of students named in those documents.

Observations of Students

Nothing in FERPA prohibits a school official from sharing with parents information that is based on that official’s personal knowledge or observation and that is not based on information contained in an education record. Therefore, FERPA would not prohibit a teacher or other school official from letting a parent know of their concern about their son or daughter that is based on their personal knowledge or observation.

Read also: Understanding FERPA

Amendments to FERPA

Since its enactment, FERPA has been amended several times to address emerging issues and clarify its provisions. Some key amendments include:

1974 Amendments: These amendments clarified ambiguous language and limited the right of post-secondary students to inspect confidential letters of recommendation placed in their files before January 1, 1975.
1979 Amendments: Congress clarified that FERPA does not prohibit state and local educational officials from having access to student records for audit or evaluation purposes.
1990 Amendments: Amendments allowed post-secondary institutions to disclose to the alleged victim of a violent crime the results of any disciplinary proceeding against the alleged perpetrator.
1992 Amendments: FERPA was amended to exempt records created for law enforcement purposes and maintained by law enforcement units of educational institutions from the definition of education records.
1998 Amendments: Congress clarified that schools may disclose to the public the final results of any disciplinary proceeding in which a student has been found responsible for a crime of violence or nonforcible sex offense. Congress also added an amendment that allows post-secondary institutions to inform parents if their child has violated a law or school rule governing the use or possession of alcohol or illegal drugs.
2001 Amendments: As part of the PATRIOT Act, Congress added an amendment allowing the attorney general to request a court order requiring an educational institution to permit the attorney general to collect, retain, disseminate and use education records relevant to an authorized investigation or prosecution of an act of domestic or international terrorism.
2010 Amendments: In the Healthy, Hunger-Free Kids Act of 2010, Congress amended FERPA to, under certain conditions, permit educational agencies and institutions to disclose personally identifiable information from students’ education records to the Secretary of Agriculture for the purpose of conducting program monitoring, evaluations, and performance measurements of programs authorized under the Richard B. Russell National School Lunch Act or the Child Nutrition Act of 1966.

FERPA and HIPAA

It's important to distinguish FERPA from the Health Insurance Portability and Accountability Act of 1996 (HIPAA). HIPAA is a law passed by Congress intended to establish transaction, security, privacy, and other standards to address concerns about the electronic exchange of health information. However, the HIPAA Privacy Rule excludes from its coverage those records that are protected by FERPA at postsecondary institutions that provide health or medical services to students. This is because Congress specifically addressed how education records should be protected under FERPA.

Enforcing FERPA and Filing a Complaint

The Department of Education (“DOE”) is in charge of enforcing FERPA. The DOE publishes binding rules for FERPA compliance in the Federal Register. The DOE’s Family Policy Compliance Office also issues opinion letters that, while not legally binding, serve as authoritative guidance as to what the Department does and does not consider a FERPA violation.

A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred. The Office investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part.

If you are denied access or amendment to your own records, you (or your parent) can file a FERPA complaint online or by calling (202) 260-3887.

Practical Tips for Navigating FERPA

Navigating FERPA can be complex, but understanding the law and its nuances can help parents and students protect their rights. Here are some practical tips:

Know Your Rights: Familiarize yourself with the specific rights granted to parents and students under FERPA.
Communicate with the School: Maintain open communication with school officials regarding your concerns and requests related to education records.
Document Everything: Keep records of all communications, requests, and responses related to FERPA.
Seek Legal Advice: If you believe your FERPA rights have been violated, consult with an attorney specializing in education law.
Interview Students: FERPA precludes the release of information only by the educational institution itself through its employees or agents. Students are not “agents” of the schools they attend, and so they can disclose what they know (like the details of a disciplinary proceeding in which they are involved) without implicating FERPA. Specifically, FERPA has no application to students’ journalistic publishing, and if a school claims that students will be violating FERPA by publishing news they’ve gathered in a student journalistic publication, the school is wrong.
Publicize the Denial: News organizations that are wrongfully denied public records on the basis of FERPA should publicize the denial, write editorials, and bring the denial to the attention of federal officials.

Common Misconceptions and Abuses of FERPA

Despite its clear intent, FERPA is often misunderstood and misused. Some common misconceptions and abuses include:

Overbroad Interpretation: Many schools and colleges operate under the oversimplified shorthand that if a document names or refers to a student, it is a FERPA record, without exception.
Using FERPA to Shield Wrongdoing: Universities and other schools have avidly used FERPA to deny the disclosure of information about sexual assaults perpetrated by or against students.
Denying Access to Exempt Records: As described above, many types of commonly requested records - such as police reports and parking tickets - have been removed from FERPA by law, by Department of Education rule, or by court interpretation.
Blanket Denials: FERPA is not a legitimate excuse for the blanket denial of a request. If the identifying information can effectively be removed, then the agency is obligated to do so and to produce a partial record.

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