
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
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 or 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 (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)
260-3887-8339. 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. 20202-4605
This page last modifies February 4, 2000 by gkp.
