FERPA

The short version

FERPA, the Family Educational Rights and Privacy Act, is a federal law protecting the privacy of student education records. It gives parents certain rights over their children's school records, and these rights transfer to students when they turn 18 or attend a postsecondary institution. Understanding FERPA helps you control who sees your or your child's educational information.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

• 20 U.S.C. § 1232g(a)(1)(A)

  This section states that no federal funds will be provided to any educational agency or institution that denies parents or eligible students the right to inspect and review the student's education records.

  Why it matters:

• 20 U.S.C. § 1232g(b)(1)

  This section requires schools to obtain written consent from parents or eligible students before disclosing personally identifiable information from education records, with some exceptions.

  Why it matters:

• 20 U.S.C. § 1232g(a)(1)(C)

  This section grants parents or eligible students the right to request that a school amend (change) education records they believe are inaccurate, misleading, or violate the student's privacy.

  Why it matters:

• 20 U.S.C. § 1232g(b)(2)

  This section requires schools to keep a record of all requests for information and disclosures of personally identifiable information from a student's education records, as well as the legitimate interests for those disclosures.

  Why it matters:

• 20 U.S.C. § 1232g(a)(1)(D)

  This section defines 'eligible student' as a student who has reached 18 years of age or is attending an institution of postsecondary education.

  Why it matters:

Words you need to know

Education Records

These are records directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution. They include grades, disciplinary records, and health records collected by the school.

Eligible Student

This is a student who is 18 years old or older, or who attends a postsecondary institution (like a college or university). At this point, FERPA rights transfer from the parents to the student.

Personally Identifiable Information (PII)

This includes information that can be used to identify a student, such as their name, address, student ID number, Social Security number, and other direct or indirect identifiers.

Directory Information

This is information that schools can disclose without parental consent, unless a parent or eligible student opts out. Examples might include a student's name, address, telephone number, dates of attendance, and degrees received.

Legitimate Educational Interest

This is a reason a school official might need to access education records to perform their professional responsibilities. It is one of the exceptions that allows a school to share records without consent.

Your rights

• ✓You have the right to inspect and review your (or your child's) education records.
• ✓You have the right to request that a school correct records you believe are inaccurate or misleading.
• ✓You have the right to control the disclosure of personally identifiable information from education records, generally requiring your written consent.
• ✓You have the right to be notified by the school about your FERPA rights.
• ✓You have the right to file a complaint with the Department of Education if you believe a school has violated FERPA.

How the process actually works

1. 1
   School Notifies Rights

   Annually, at the start of the school year

   Schools must inform parents and eligible students annually of their rights under FERPA. This often happens through student handbooks or school websites.

2. 2
   Access Records

   Within 45 days of your request (20 U.S.C. § 1232g(a)(1)(A))

   You can formally request to inspect and review your (or your child's) education records. The school must allow you to do so within a reasonable time.

3. 3
   Request Amendment

   Varies by school policy, but typically within a reasonable time after your request (20 U.S.C. § 1232g(a)(2))

   If you find inaccurate or misleading information, you can request the school amend the record. The school decides whether to amend the record as requested.

4. 4
   Hearings for Disputed Records

   Varies by school policy; after denial of amendment request (20 U.S.C. § 1232g(a)(2))

   If the school denies your request to amend a record, it must inform you of your right to a hearing to challenge the information. You can present evidence at this hearing.

5. 5
   Control Disclosure

   Before any disclosure outside of specific exceptions (20 U.S.C. § 1232g(b)(1))

   Before a school can release personally identifiable information from education records, it generally needs your written consent. There are exceptions, such as sharing with school officials with a legitimate educational interest or in health and safety emergencies.

6. 6
   Opt-Out of Directory Info

   Annually, typically at the beginning of the school year (20 U.S.C. § 1232g(a)(5)(B))

   Schools typically allow you to opt out of having your or your child's 'directory information' disclosed. You must inform the school in writing if you wish to do this.

Deadlines that can end your case

• Access to Records
  Within 45 days of your request

  Schools must provide access within this timeframe, or explain why they cannot.

• Annual Notification of Rights
  Annually

  Schools must inform you of your rights at least once per year.

• Opt-Out of Directory Information
  Annually, typically early in the school year

  If you miss the deadline, the school might still disclose directory information until you opt out. Your opt-out usually takes effect for the remainder of that school year.

Common questions

How this changes by state

FERPA is a federal law, so its core protections apply uniformly across all states. However, states may have their own laws that provide *additional* privacy protections for student records beyond what FERPA requires. These state laws cannot reduce FERPA's protections. To find your state's specific rules, you would typically look at your state's education code or consult your state's Department of Education website.

When you need a lawyer

You might need a lawyer if a school repeatedly refuses to grant you access to records or amend records despite clear inaccuracies, if you suspect a pattern of unauthorized disclosures of your or your child's records, or if the school's actions are causing significant harm and you need to escalate beyond a federal complaint.

Do this today

• →Review your local school district or college's FERPA policy, usually found on their website.
• →If you have a child in school, discuss with them the importance of protecting their personal information.
• →Consider whether you want to opt out of 'directory information' disclosure and submit the necessary form to your school.
• →Keep a record of any requests you make to the school regarding education records or privacy concerns.