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FERPA: The Family Educational Rights and Privacy Act Explained

FERPA: The Family Educational Rights and Privacy Act Explained

The Family Educational Rights and Privacy Act, commonly known as FERPA or simply FERPA, is a cornerstone of privacy protections for students in the United States. Enacted in 1974, FERPA governs how educational records are collected, stored, and disclosed by schools and other educational institutions that receive federal funding. This article explains what FERPA covers, the rights it grants to parents and eligible students, common safeguards like directory information, and practical steps for exercising these rights. Understanding FERPA helps students, families, and school professionals collaborate while keeping sensitive information secure.

What FERPA Covers

FERPA applies primarily to “education records,” which are records that are directly related to a student and maintained by an educational agency or institution or by a party acting on its behalf. This broad definition includes most records created by teachers, administrators, counselors, and other school staff, as well as official transcripts, attendance records, course schedules, and disciplinary files. Certain records fall outside FERPA’s scope, such as records kept by a school employee for personal use or records created by an individual that are not maintained by the school. The act also distinguishes between institutional records and private notes kept by educators that are not shared with others.

Key terms include “education records,” “personally identifiable information” (PII), and “directory information.” Schools must interpret these terms in ways that align with FERPA’s intent to protect student privacy while allowing legitimate information sharing among school officials and necessary disclosures.

Two Core Rights: Access and Amendment

FERPA grants two core rights to the individuals it protects. First, the right to inspect and review education records. Parents of a dependent student and eligible students (usually those who are 18 years old or attending a postsecondary institution) can request to view records maintained by the school. The school must provide access within a reasonable period, typically not exceeding 45 days, and must comply with reasonable formatting requests when feasible.

Second, the right to seek amendment of inaccurate or misleading information in education records. If a parent or eligible student believes a record is wrong, they can request that the school amend it. If the school declines to amend, the requester often has the right to a formal hearing and to place a written statement in the record outlining the disagreement. FERPA’s amendment process helps ensure that student records reflect accurate and up-to-date information.

Consent and Disclosures: When Information May Be Shared

One of FERPA’s central questions is when a school may disclose education records without the student’s or parent’s consent. The default rule is that schools cannot disclose PII from education records without written consent, with several important exceptions. These disclosures are designed to balance privacy with the needs of education, safety, and accountability.

Disclosures without consent are allowed to school officials with legitimate educational interests. This includes teachers, administrators, and staff who need access to records to perform their duties. The school must ensure that the officials have a legitimate need to review the information and that access is appropriately restricted.

Other allowed disclosures include transfers to other schools where the student seeks admission or intends to enroll, disclosures to contractors performing tasks on behalf of the school, and disclosures to organizations conducting studies or audits if privacy protections are in place. FERPA also permits disclosure to appropriate parties in connection with financial aid, to accrediting organizations, and to certain government agencies for program reviews or compliance purposes.

Directory information is a special category that a school may disclose without consent unless the parent or eligible student has opted out. Directory information can include items such as a student’s name, address, telephone number, email address, date and place of birth, honors and awards, enrollment status, dates of attendance, and similar information unless a specific opt-out request is in place. Because directory information can facilitate legitimate communications and recognition, many families choose to review this designation and submit a removal request if privacy is a concern.

There are also FERPA carve-outs for emergencies and specific legal contexts, such as complying with a court order or subpoena. In health or safety emergencies, disclosures may be made to protect the welfare of students or the public, provided the information disclosed is limited to what is necessary to address the emergency.

Directory Information: What It Is and How It Works

Directory information is described by each educational institution, and schools typically publish a notice about what they consider directory information. If you want to protect your child’s or your own privacy, you must respond to this notice and opt out if you do not want that information released. Opt-out procedures vary by district or university, so it’s important to review the annual FERPA notice and take action if desired. While directory information can be shared without consent under FERPA, schools must still handle it responsibly and avoid disclosing sensitive or sensitive information beyond what is expressly designated as directory information.

How FERPA Interacts with HIPAA and Other Privacy Rules

FERPA and HIPAA set privacy standards in overlapping domains, but they cover different kinds of records. FERPA governs education records held by schools that receive federal funding, while HIPAA governs protected health information held by covered entities, including some school health records. In practice, the health records held by a school if the school is acting as a medical provider may be subject to HIPAA, while most routine education records fall under FERPA. Understanding this distinction helps schools ensure compliance when sharing medical information and coordinating care for students with health needs.

Practical Steps for Exercising FERPA Rights

For parents and eligible students seeking to exercise FERPA rights, here are practical steps to consider:

  • Contact the school’s records or registrar office to request access to education records. Ask for a copy or to inspect the records in person, and note any applicable timelines.
  • Submit a written request to amend inaccurate or incomplete information. Include a clear description of what you believe is wrong and provide any supporting documentation.
  • Review the school’s FERPA policy and annual notification. If you wish to opt out of directory information, complete the opt-out form and keep a copy for your records.
  • If you believe there has been an improper disclosure, file a formal complaint with the school’s FERPA contact or the U.S. Department of Education’s Family Policy Compliance Office (FPCO).

FERPA in Practice: Scenarios for Families and Schools

Understanding common scenarios helps illustrate FERPA’s practical impact:

  • A student requests to see their high school transcripts. FERPA ensures a timely inspection and the ability to request amendments if there are errors.
  • A parent asks to see the student’s disciplinary file. Under FERPA, parents generally have access to the record, especially for dependent students and younger students, unless the student is an eligible non-parent.
  • A university shares directory information with a scholarship program. If directory information is designated as such and the student has not opted out, sharing is permissible under FERPA.
  • A school needs to share records with a third-party consultant for evaluation. This is permissible if the consultant is acting on behalf of the school and is bound by confidentiality requirements.

Common Questions and Myths

Several myths persist regarding FERPA. A common misconception is that FERPA prohibits all sharing of student information. In reality, FERPA allows many disclosures with appropriate safeguards, particularly for school operations and student safety. Another myth is that FERPA prevents parents from accessing records at public universities; in most cases, parents of dependent students and eligible students retain rights, subject to institutional policies. Lastly, many people assume FERPA applies to all personal information released by the school; FERPA applies specifically to education records and the personally identifiable information within those records.

Why FERPA Matters for Schools, Students, and Communities

FERPA serves multiple purposes. It protects privacy while enabling schools to operate effectively. By providing clear rights to request access and to challenge inaccurate information, FERPA helps ensure that students’ academic records reflect their true achievements and circumstances. The act also supports responsible data sharing among educators to coordinate services, provide targeted support, and comply with federal reporting requirements. For districts and universities, FERPA compliance requires robust record-keeping practices, transparent policies, and ongoing training for staff, contractors, and partners who handle student data.

Best Practices for Compliance and Transparency

Educational institutions can improve FERPA compliance by implementing several best practices. These include maintaining up-to-date disclosure policies, providing regular FERPA training for staff, establishing procedures for timely access requests, and creating secure systems for sharing information with authorized school officials and approved third parties. Transparent annual notices that clearly explain students’ rights, opt-out options for directory information, and the processes to request amendments or access help families understand their protections. Finally, institutions should document all disclosures to demonstrate that they are conducted in accordance with FERPA’s requirements.

Conclusion: Navigating Privacy and Education

FERPA remains a foundational framework for safeguarding student privacy while supporting the mission of education. By delineating how education records are handled, who may access them, and under what circumstances they may be disclosed, FERPA provides a practical balance between privacy and the needs of institutions, families, and the broader community. For students and parents, knowing your rights under the Family Educational Rights and Privacy Act—and the steps to exercise them—helps you engage effectively with schools and universities and ensures your educational information is treated with care and respect.