Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. � 1232g; 34
CFR Part 99) is a Federal law that protects the privacy of student education
records. The law applies to all schools that receive funds under an
applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education
records. These rights transfer to the student when he or she reaches the age
of 18 or attends a school beyond the high school level. Students to whom the
rights have transferred are "eligible students."
Parents or eligible students have the right to inspect and review the
student's education records maintained by the school. Schools are not
required to provide copies of records unless, for reasons such as great
distance, it is impossible for parents or eligible students to review the
records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct
records which they believe to be inaccurate or misleading. If the school
decides not to amend the record, the parent or eligible student then has the
right to a formal hearing. After the hearing, if the school still decides not
to amend the record, the parent or eligible student has the right to place a
statement with the record setting forth his or her view about the contested
information.
Generally, schools must have written permission from the parent or eligible
student in order to release any information from a student's education
record. However, FERPA allows schools to disclose those records, without
consent, to the following parties or under the following conditions (34 CFR �
99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
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.
Schools may disclose, without consent, "directory" information such as a
student's name, address, telephone number, date and place of birth, honors
and awards, and dates of attendance. However, schools must tell parents and
eligible students about directory information and allow parents and eligible
students a reasonable amount of time to request that the school not disclose
directory information about them. Schools must notify parents and eligible
students annually of their rights under FERPA. The actual means of
notification (special letter, inclusion in a PTA bulletin, student handbook,
or newspaper article) is left to the discretion of each school.
For additional information or technical assistance, you may call (202) 260-
3887 (voice). Individuals who use TDD may call the Federal Information Relay
Service at 1-800-877-8339.
Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
