What is LawBrain?
It's a living legal community making laws accessible and interactive. Click Here to get Started »

Family Educational Rights and Privacy Act (FERPA)

From lawbrain.com

FERPA is a U.S. federal law that protects the privacy of student education records.

  • This LawBrain entry is a stub. Please help us expand it! Click the 'Edit' tab above to add to this page.

Contents

Overview

The Family Educational Rights and Privacy Act (FERPA)[1] is a U.S. federal law that protects the privacy of student education records. The law applies to all schools that receive funds from the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights are transfered to the student when they become 18 or when they attend a school beyond the high school level.

Access

Under FERPA, parents or students have the right to inspect and review the student's education records maintained by the school. They can request corrections of inaccurate or misleading information held in the records.

Disclosure

For the most part, the disclosure of information from a student's record requires wrtitten permission from either the parent or student. However, there are several exemptions where schools can disclose information in a student's education record.  These exemptions include:

  • School officials (e.g. teacher, contractor for outsourcing purposes) that have 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
  • State and local authorities, within a juvenile justice system, pursuant to specific State law
  • Directory information (e.g. student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance).  Although notice of such directory and an opt-out feature must be given to parents and students.

Cases

United States v. Miami University[2]

Gonzaga University v. Doe

Owasso Independent School District v. Falvo

J. Marshall Osborn and Center for Equal Opportunity v. Bd. of Regents of the University of Wisconsin

Bates College v. Congregation Beth Abraham, et al.

Caledonian-Record Publishing Co., Inc. v. Vermont State Colleges

References

  1. http://www.law.cornell.edu/uscode/20/1232g.html
  2. http://counsel.cua.edu/FERPA/fedlaw//cases.cfm

External Links

Related Resources on FindLaw

Related Blogs on FindLaw

Failed to load RSS feed from http://search.yahooapis.com/WebSearchService/rss/webSearch.xml?appid=yahoosearchwebrss&query=FERPA:blogs.findlaw.com!

                                                                            Web Services by Yahoo!

See Also


Contributors

FindLaw Michelle, FindLaw Nira