FERPA

Definition

FERPA, or the Family Educational Rights and Privacy Act, is a federal law that protects the privacy of student education records. It grants parents and eligible students the right to access and review their educational records, request corrections, and control the disclosure of personally identifiable information. This law is crucial for maintaining confidentiality and ensuring that sensitive student information is handled appropriately within educational institutions.

5 Must Know Facts For Your Next Test

1. FERPA applies to all schools that receive federal funding, which includes public schools and most private institutions.
2. Parents have the right to access their child's educational records until the child turns 18, after which the rights transfer to the student.
3. Schools must obtain written consent from parents or eligible students before disclosing any personally identifiable information from educational records.
4. There are specific exceptions under FERPA that allow schools to disclose information without consent, such as to school officials with legitimate educational interests.
5. Violations of FERPA can result in a loss of federal funding for educational institutions, making compliance critical for schools.

Review Questions

• How does FERPA protect the privacy of student education records, and what rights does it grant to parents and eligible students?
  • FERPA protects the privacy of student education records by granting parents and eligible students specific rights regarding their educational information. These rights include the ability to access and review records, request corrections for inaccuracies, and control who has access to personally identifiable information. This legal framework ensures that sensitive data about students is handled responsibly and that individuals have a say in how their information is shared.
• Discuss the implications of FERPA for educational institutions in terms of compliance and potential consequences for violations.
  • Educational institutions must comply with FERPA regulations to protect student privacy effectively. Compliance requires them to have clear policies regarding access to educational records and the procedures for obtaining consent before disclosing any personally identifiable information. Failure to comply with FERPA can lead to serious consequences, including loss of federal funding, which underscores the importance of adhering to these privacy laws in order to maintain operational integrity.
• Evaluate how FERPA interacts with other laws concerning student privacy and data protection, especially in an increasingly digital education environment.
  • FERPA interacts with various other laws like COPPA (Children's Online Privacy Protection Act) and state-level privacy laws, creating a complex landscape for student data protection. As education becomes more digital with online learning platforms, adherence to FERPA alongside these other regulations is crucial for protecting student data from unauthorized access or breaches. Institutions must navigate these laws carefully to ensure comprehensive privacy protections while utilizing technology effectively in education.

Related terms

Educational Records: Records that contain information directly related to a student and are maintained by an educational agency or institution.

Privacy Rights: The rights of individuals to have control over their personal information and how it is collected, used, and shared.

Consent: An agreement given by parents or eligible students before any personally identifiable information is disclosed from education records.