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.
Under the regulations, it is the student who can inspect and review his/her records or seek to make changes to those records. Within certain parameters, students can instruct institutions to withhold information about them. That means that information may be withheld from any and all inquiries if the student so wishes. And it is the student who must file the complaint for alleged violations of these FERPA rights. As parents, we no longer have a right to access the student records of our adult children without their signed, written consent to do so.
Colleges and universities comply with these regulations by dealing exclusively with the student. Bills for tuition are an exception. Since student bills are financial records, involving yet another set of regulations, institutions are allowed to communicate with parents about financial records if the student authorizes the school to do so. Such authorization, however, applies only to financial records and may never include academic or other student records.
The realization, then, that parents need to make is that their children are no longer children. They must act for themselves and take responsibility for themselves. Our influence is suddenly limited to the quality of our relationships with our children, because we cannot force schools or the law to do anything about our children. All the more reason for strengthening your relationships with your children.
