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FERPA
Great Seal of the United States
Long titleFamily Educational Rights and Privacy Act
Citations
Statutes at Large20 U.S.C. § 1232g
Legislative history
  • Introduced in the House as James L. Buckley
  • Passed the House on January 3, 1973 
  • Passed the Senate on February 21, 1974 
  • Signed into law by President Gerald Ford on August 21, 1974

The Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) is a United States federal law.[1]

Introduction

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FERPA is a law meant to protect the privacy of students and their educational record. A school must either have a parents or a student’s consent before disclosing any information further than “directory information”. Students 18 years old or older, or students of any age if enrolled in any postsecondary educational institution, have right of privacy regarding grades, enrollment, and even billing information, unless the school has specific, written permission from the student to share that information. FERPA also gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records, if the student is a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent's most recent income tax statement, the school may non-consensually disclose the student's education records to both parents.[2] However, if a student is under the age of 21 and breaks the institution’s alcohol or drug policy, the institution may inform the parent without the student’s consent. Also in cases of emergencies, such as emergencies threatening the health or safety of the student, as well as emergencies that may threaten others, a school may disclose information to a parent, even if the student requests that they do not.[3]

FERPA applies to educational institutions, at any level, that receive federal funding under a program administered by the U.S. Department of Education.

This privacy policy also governs how state agencies transmit testing data to federal agencies. For example see Education Data Network.

FERPA also gives the right to students and/or their parent(s) to file a complaint with the Family Policy Compliance Office (FPCO), if they feel their rights have been violated.The FPCO is lead by LeRoy Rooker.[4]

FERPA specifically excluded employees of an educational institution if they are not students.

The act is also referred to as the Buckley Amendment, for one of its proponents, Senator James L. Buckley of New York.

Educational Record

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A student’s educational record is said to “include a student's date and place of birth; parental Information; grades, test scores, and courses taken; special education records; disciplinary records; medical and health records; attendance documentation, schools attended, awards, and degrees earned; and personally identifiable information such as the student's identification code, Social Security number, photograph, and other information used for identification purposes” Schools/ administrators may be allowed to disclose student’s records in instances that information is disclosed to “school officials with legitimate educational Interest; other schools to which a student is transferring; specified officials for audit or evaluation procedures; 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.” [5]

FERPA and Other Federal Laws/Amendments

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  • The No Child Left Behind (NCLB) Act of 2001, allows for institutions to disclose names, addresses, and phone numbers to military recruiters.
  • The NCLB Act also amends the Protection of Pupil Rights Amendment (PPRA) of 1978, in that it requires the parent of a minor child to provide written permission for their child to participate in surveys founded by the U.S. Dept. of Education and conducted by the institution that involve personal sensitive information already protected by the PPRA.
  • FERPA also works together with the Health Insurance Portability and Accountability Act (HIPAA) to ensure that information collected by a school nurse is part of the student’s educational record and is therefore is protected.
  • FERPA is also linked with the Individuals with Disabilities Education Act (IDEA) in providing privacy for students with disabilities.

See also

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References

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  1. ^ Codified at 20 U.S.C. § 1232g, with implementing regulations in title 34, part 99 of the Code of Federal Regulations
  2. ^ FERPA General Guidance for Parents, U.S. Department of Education, http://www2.ed.gov/policy/gen/guid/fpco/ferpa/parents.html
  3. ^ McDonald, Steven J. "The Family Rights And Privacy Act: 7 Myths--And The Truth." Chronicle Of Higher Education 54.32 (2008): A53. MasterFILE Premier. Web. 10 Nov. 2013.
  4. ^ "THE FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT OF 1974: RECOMMENDATIONS FOR REALIGNING EDUCATIONAL PRIVACY WITH CONGRESS' ORIGINAL INTENT. (Cover Story)." Creighton Law Review 41.2 (2008): 277-314. Academic Search Premier. Web. 10 Nov. 2013.
  5. ^ Toglia, Thomas V. "How Does FERPA Affect You?." Tech Directions 67.2 (2007): 32. MasterFILE Premier. Web. 10 Nov. 2013.
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Category:1974 in law Category:United States federal privacy legislation Category:United States federal education legislation Category:1974 in education Category:1974 in the United States

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