FERPA 101: Understanding the Rights and Responsibilities of Schools
The Family Educational Rights and Privacy Act (FERPA) is a pivotal legislative framework governing the privacy and management of student education records. Enacted in 1974, FERPA confers specific rights to parents concerning their children’s educational records, rights that subsequently transfer to students upon reaching 18 years of age or upon entering postsecondary education.
Having a knowledgeable education lawyer to navigate the complexities of FERPA can provide invaluable support in defending these rights and ensuring that educational institutions uphold their legal responsibilities. A lawyer can offer expert guidance on interpreting FERPA regulations, advocating for clients in disputes over access to records or improper disclosures, and navigating the formal complaint process with the U.S. Department of Education if necessary.
Key Components of FERPA
FERPA delineates several fundamental rights for parents and eligible students (those who are 18 years old or attending postsecondary institutions):
Right to Access Records
Parents or eligible students possess the right to review and inspect the student’s education records maintained by the school. Schools are mandated to comply with requests for access within 45 days. These records encompass items such as report cards, transcripts, disciplinary records, contact details, family information, and class schedules.
Right to Request Amendment of Records
Should parents or eligible students believe that education records contain misleading or privacy-violating information, they maintain the right to request corrections. In instances where the school opts against amending records, the parent or eligible student retains the right to a formal hearing.
Right to Consent to Disclosures
Generally, schools must obtain written consent from parents or eligible students before disclosing any information from a student’s education record. Nonetheless, FERPA permits schools to disclose records without consent under specific circumstances, including to school officials with legitimate educational interest, to institutions to which the student is transferring, for audit or evaluation purposes, in connection with financial aid, for certain studies conducted on behalf of the school, to accrediting organizations, under court orders or lawfully issued subpoenas, in cases of health or safety emergencies, and to state and local authorities within the juvenile justice system in accordance with state law.
Right to File a FERPA Violation Complaint
Parents and eligible students possess the right to file complaints with the U.S. Department of Education concerning alleged failures by schools to comply with FERPA provisions. Such complaints must be submitted in writing and must substantiate specific factual allegations suggesting a FERPA violation.
Responsibilities of Schools Under FERPA
Educational institutions bear several responsibilities under FERPA to ensure compliance and protect student education record privacy:
Notification of FERPA Rights
Schools are obligated to annually notify parents and eligible students of their rights under FERPA. This notification must include information regarding the right to review and inspect records, the right to request amendments to records, and the right to consent to disclosures of personally identifiable information. Schools can disseminate this information through various channels, such as inclusion in school handbooks, letters, or on the school’s official website.
Maintenance of Records
Schools must maintain records documenting requests for and disclosures of student education records. These records should detail the parties requesting or receiving information from education records. They specify the legitimate interests motivating their requests or receipt of such information.
Protection of Records
Schools must implement measures to ensure the security and confidentiality of student education records. This includes adopting physical, technical, and administrative safeguards to preempt unauthorized access or disclosure of records.
Training and Policy Development
Schools should devise policies and administer training sessions for staff on FERPA compliance. Such training should encompass appropriate handling and disclosure of education records, procedures for addressing access or amendment requests, and guidelines for maintaining record security.
Balancing Privacy with Educational Needs
While FERPA endeavors to safeguard student education record privacy, it also recognizes the necessity for certain disclosures to support educational and administrative functions. Schools must also meticulously navigate these requirements, ensuring that disclosures absent consent conform to the explicit exceptions outlined by FERPA.
A recurring challenge involves distinguishing between “directory information” and protected education records. Directory information includes a student’s name, address, phone number, date and place of birth, accolades, and attendance dates. As a result, schools may divulge directory information without consent, except where parents or eligible students have opted out of such disclosures.
Hager Law
Understanding and adhering to FERPA guidelines is indispensable for protecting student privacy and fulfilling legal obligations within educational institutions. As a result, it is imperative for parents and eligible students to be apprised of their rights concerning education records. They also need to know the proper recourse for addressing any concerns regarding privacy violations.
At Hager Law, our commitment is to defend the rights of students and parents alike. We also offer expert legal counsel and representation to ensure that their privacy rights under FERPA are safeguarded and upheld.
Should you have any questions or require assistance with FERPA-related matters, please feel free to contact us at (903) 466-0001. Protecting your rights and your child’s privacy remains our paramount priority.