FERPA

Definition

FERPA, or the Family Educational Rights and Privacy Act, is a federal law that protects the privacy of student education records. It gives parents certain rights regarding their children's educational information and transfers those rights to students when they reach 18 or attend a post-secondary institution. This law is crucial in the context of informed consent as it establishes the framework for how educational institutions handle student data, ensuring that students have control over who can access their personal information.

5 Must Know Facts For Your Next Test

1. FERPA was enacted in 1974 to protect the privacy of students and their educational records.
2. Under FERPA, students have the right to inspect and review their educational records maintained by the school.
3. Educational institutions must obtain written consent from students before disclosing personally identifiable information from their education records.
4. FERPA allows parents to access their children's education records until the child turns 18 or enrolls in a post-secondary institution.
5. Schools must notify students of their rights under FERPA at the beginning of each academic year.

Review Questions

• How does FERPA influence the concept of informed consent in educational settings?
  • FERPA influences informed consent by requiring educational institutions to obtain written permission from students before sharing their personally identifiable information. This aligns with the principle of informed consent, where individuals must be aware of what information is being shared and with whom. Students have the right to understand their rights under FERPA and make informed decisions about their educational records, thus empowering them in the consent process.
• Analyze the implications of FERPA on a school's responsibility to protect student privacy.
  • FERPA places significant responsibility on schools to protect student privacy by restricting access to education records without student consent. Schools must implement policies and training programs to ensure compliance with FERPA regulations, safeguarding against unauthorized disclosure of sensitive information. Failure to comply can result in loss of federal funding, making it imperative for schools to prioritize student privacy and adhere to FERPA requirements.
• Evaluate how FERPA interacts with other laws related to privacy and consent, particularly in research settings involving students.
  • FERPA interacts with other privacy laws like HIPAA and state laws concerning confidentiality by creating a specific framework for educational records. In research settings involving students, researchers must navigate both FERPA's restrictions on data access and informed consent requirements, ensuring they comply with all applicable regulations. Evaluating this interaction highlights the complexity of conducting research in educational contexts while respecting student privacy and maintaining ethical standards.

Related terms

Education Records: Records that contain information directly related to a student and are maintained by an educational institution or a party acting on its behalf.

Informed Consent:

The process by which a participant understands and agrees to take part in research or other activities after being fully informed about the potential risks and benefits.

Directory Information: Information in a student's educational record that can be disclosed without consent unless the student opts out, such as name, address, and phone number.