FERPA, the Family Educational Rights and Privacy Act, is a federal law that protects the privacy of student education records. It grants students and their parents (for eligible students) certain rights with regard to their educational information. Understanding these rights is crucial for both students and educational institutions to ensure compliance and maintain data privacy.
Eligible Student Rights under FERPA
FERPA applies to students who attend or have previously attended educational institutions that receive funds from the U.S. Department of Education. Here are some of the key rights granted to eligible students under FERPA:
1. Access to Education Records
Eligible students have the right to inspect and review their education records within 45 days of making a request. This includes records like transcripts, test scores, attendance records, and any other documents directly related to the student that are maintained by the educational institution.
2. Amendment of Records
Students have the right to request amendments to their education records if they believe the information is inaccurate, misleading, or in violation of their privacy rights. The institution is required to decide on the request within a reasonable time and inform the student of its decision.
3. Consent for Disclosure
FERPA generally requires written consent from the student before the educational institution can disclose personally identifiable information (PII) from the student's education records. This consent must be informed and voluntary, and the student has the right to revoke it at any time.
4. Challenges to Records
Students have the right to request a hearing to challenge the content of their education records if they believe the information is inaccurate, misleading, or in violation of their privacy rights. The institution must then provide a hearing officer to review the challenge and make a decision.
5. Annual Notification
Educational institutions are required to notify eligible students annually of their rights under FERPA. This notification should include information on how to access and review records, how to request amendments, and the procedures for challenging the content of records.
6. Access for Parents
FERPA allows parents of dependent students to have access to their child's education records. A student is considered dependent if they are claimed as a dependent for tax purposes by their parent(s). Parents can request access to their child's records, but the student has the right to restrict this access if they wish.
7. Directory Information
Institutions may disclose directory information without consent unless the student has restricted its release. Directory information typically includes basic identifying information like name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Students can opt out of directory information disclosure by filing a request with the institution.
8. Transfer of Records
When a student transfers to another educational institution, their records must be transferred to the new institution. FERPA ensures that the receiving institution has access to the student's academic history and any other relevant information from the previous institution.
9. Record Retention
FERPA requires institutions to retain education records for a specified period, usually the length of the student's attendance plus one year. This ensures that students can access their records even after they have left the institution.
10. Records of Non-Academic Nature
While FERPA primarily covers academic records, it also applies to non-academic records if they are maintained by the educational institution and directly related to the student. This can include disciplinary records, financial aid records, and health records.
11. Right to File a Complaint
Students have the right to file a complaint with the U.S. Department of Education if they believe their FERPA rights have been violated. The Department will then investigate the complaint and take appropriate action.
Note: FERPA and Online Education
🤖 Note: With the rise of online education, FERPA's application to digital platforms and the privacy of online student data is an evolving area of focus for educational institutions.
FAQs
What is considered directory information under FERPA?
+Directory information typically includes basic identifying information like name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.
Can students restrict the release of their directory information?
+Yes, students can opt out of directory information disclosure by filing a request with the educational institution.
What happens if an institution violates FERPA?
+Students can file a complaint with the U.S. Department of Education, which will investigate and take appropriate action. Violations can result in the loss of federal funding for the institution.
Do parents have access to their child's education records if the child is over 18?
+FERPA allows parents of dependent students to have access to their child's records. A student is considered dependent if they are claimed as a dependent for tax purposes by their parent(s). Parents can request access, but the student can restrict this access.
How long must institutions retain education records under FERPA?
+FERPA requires institutions to retain education records for the length of the student's attendance plus one year. This ensures that students can access their records even after they have left the institution.
Conclusion
Understanding the rights granted under FERPA is essential for both students and educational institutions to ensure compliance and protect student privacy. By familiarizing themselves with these rights, students can take an active role in managing their education records and personal information. Educational institutions, on the other hand, must implement policies and procedures to uphold these rights and ensure they are not in violation of FERPA.
