Isabella Carter
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in 1974 to protect the privacy of personally identifiable information in a student's educational record. FERPA defines educational records as materials that contain information directly related to a student and are maintained by an educational institution or its agent. This includes academic records, transcripts, class schedules, grades, health records, student financial information, and student discipline files. The act gives students and parents certain rights, such as the right to review and request corrections to educational records and the right to halt the release of personally identifiable information. FERPA also outlines specific exemptions where the release of information is permitted without written consent.
| Characteristics | Values |
|---|---|
| Definition | "Education records" are records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. |
| Records that are not considered "education records" | Law enforcement records, treatment records, sole possession notes |
| Records that are considered "education records" | Academic records (transcripts, class schedules, grades), psychological evaluations, notes on disciplinary actions |
| Rights of parents | To review and confirm the accuracy of education records, to correct inaccurate, misleading, or privacy-violating information in their children's education records, to consent to the disclosure of a student's personally identifiable information, to file a complaint concerning the failure of a school to comply with FERPA's requirements |
| Rights of eligible students | To inspect and review their own education records, request corrections, halt the release of personally identifiable information, obtain a copy of their institution's policy concerning access to educational records |
| Rights transferred to students when they turn 18 or attend a postsecondary institution | All rights under FERPA |
| Rights retained by parents of students who are their tax dependents | Access to student records |
| Information that can be maintained as part of the record | Information about each request for records access and each disclosure of information from an education record |
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What You'll Learn
Records must be directly related to a student
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in 1974 to protect the privacy of personally identifiable information in a student's educational record. It applies to any public or private elementary, secondary, or post-secondary school, as well as any state or local educational agency that receives federal funding from the Department of Education.
According to FERPA, educational records are defined as "materials that contain information directly related to a student and are maintained by an educational institution or its agent." This includes both physical and digital formats, such as academic records (transcripts, class schedules, grades), health records, student financial information, and student discipline files. The information can be recorded in any way, including handwriting, print, computer media, video or audio recordings, and other data.
It's important to note that not every document that mentions or refers to a student is considered a FERPA record. For example, security footage or campus police records created for law enforcement purposes are generally excluded from FERPA protections. Additionally, records that are solely maintained by an individual, such as private advising notes, may qualify for the "sole possession records" exception.
FERPA gives parents and eligible students (students who are at least 18 years old or attending a post-secondary institution) certain rights regarding their educational records. These rights include the ability to review and correct educational records, halt the release of personally identifiable information, and obtain a copy of the institution's policy on educational record access. Schools are required to notify parents and eligible students of these rights annually.
In summary, for records to be considered educational records under FERPA, they must directly relate to a student and be maintained by an educational institution or its agent. This definition ensures that only relevant and systematically maintained records fall under FERPA's protection, providing a strong privacy safeguard for students and their families.
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Records must be maintained by an educational institution
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in November 1974. It protects the privacy of personally identifiable information in a student's educational record. FERPA applies to any public or private elementary, secondary, or post-secondary school and any state or local educational agency that receives federal funding from the Department of Education.
FERPA defines educational records as materials that contain information directly related to a student and are maintained by an educational institution or its agent. This broad definition includes both physical and digital formats, such as academic records (transcripts, class schedules, grades), health records, student financial information, and student discipline files. The information can be recorded in any way, including handwriting, print, computer media, video or audio recordings, and other data.
It is important to note that not every document that names or refers to a student is considered an educational record under FERPA. For example, security camera footage or in-class graded assignments by other students do not qualify as educational records. Additionally, records maintained by separate law enforcement units of a school, treatment records for students 18 years or older, and sole possession notes are not considered educational records and are exempt from FERPA protections.
Educational institutions are required to notify parents and eligible students (students who are at least 18 years old or attending a post-secondary institution) annually of their rights under FERPA. These rights include the ability to review and correct educational records, consent to the disclosure of personally identifiable information, and file complaints regarding non-compliance with FERPA requirements. Schools must also maintain a list of individuals or organizations that have requested or obtained student educational records, which can only be accessed by authorized individuals.
FERPA has undergone several amendments over the years, including the 1990 Campus Security Act, which allowed post-secondary institutions to disclose disciplinary proceeding results in cases of violent crimes. The 1992 amendments further clarified that records created and maintained by law enforcement units are exempt from FERPA's definition of educational records. The 1994 Improving America's Schools Act tightened privacy assurances, and the 1998 Higher Education Amendments allowed schools to disclose disciplinary proceeding outcomes for crimes of violence or nonforcible sex offenses.
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Records are not limited to a specific format
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in November 1974 to protect the privacy of personally identifiable information in a student's educational record. Educational records are not limited to a specific format. The broad definition of educational records includes paper and electronic files, grades, video recordings, audio recordings, and other data. The information may be recorded in any way, including handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and email.
FERPA's provisions do not apply to grades and educational decisions about children that school personnel make. While parents have the right to review records, schools are not required by federal law to provide copies of information unless doing so would be the only way of granting parents access. Schools may charge a reasonable fee for obtaining records and may not destroy records if a request for access is pending.
The personal knowledge and observations of educators that are not part of the record are not covered by FERPA. FERPA applies only to currently enrolled students. Applicants, alumni, donors, employees, and others do not have FERPA rights.
FERPA also does not cover all information about students or all information about people that a school maintains. For example, campus police records created for law enforcement purposes are excluded from FERPA protections. However, if these records are shared with non-law enforcement school officials and used for disciplinary actions, they may convert into educational records.
Additionally, treatment records, such as the medical or psychological records of students 18 years or older who are being treated by a physician, psychiatrist, psychologist, or other related professionals, are not considered "education records." Sole possession notes, which are used only as a memory aid and kept only by an employee for their own use, also do not qualify as "education records." However, it is important to note that these types of records can become education records in certain circumstances.
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Records are not limited to academic information
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in November 1974 to protect the privacy of personally identifiable information in a student's educational record. FERPA defines educational records as materials that contain information directly related to a student and are maintained by an educational institution or its agent. This broad definition encompasses both physical and digital formats, including academic records (transcripts, class schedules, grades), health records, student financial information, and student discipline files.
However, records that are not considered "education records" under FERPA and are not regulated by it include law enforcement records, treatment records, and sole possession notes. Law enforcement records are those maintained by a separate law enforcement unit of a school, while treatment records refer to the medical or psychological records of students aged 18 or older who are being treated by a physician, psychiatrist, or psychologist. Sole possession notes are notes used only as a memory aid, kept only by an employee for their own use and not shared with anyone. It is important to note that these types of records can become education records under certain circumstances. For example, campus police records created for law enforcement purposes are excluded from FERPA protections, but if they are shared with non-law enforcement school officials and used for disciplinary actions, they may become educational records.
While FERPA gives parents and students the right to review and confirm the accuracy of educational records, it is important to note that not every document that names or refers to a student is considered an educational record under FERPA. The personal knowledge and observations of educators that are not part of the record are also not covered by FERPA. FERPA only applies to currently enrolled students, and applicants, alumni, donors, employees, and others do not have FERPA rights. Additionally, when a student reaches the age of 18 or attends a post-secondary institution, they become an "eligible student," and all rights under FERPA transfer from the parent to the student.
In summary, while FERPA provides important protections for the privacy of student educational records, the definition of what constitutes an educational record is nuanced and not limited to academic information. The specific details of what is considered an educational record and the rights of parents and students under FERPA should be carefully considered to ensure compliance with the law.
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Records can be accessed by parents or eligible students
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, became law in November 1974 to protect the privacy of personally identifiable information in a student's educational record. FERPA defines educational records as materials that contain information directly related to a student and are maintained by an educational institution or its agent. This includes academic records (transcripts, class schedules, grades), health records, student financial information, and student discipline files.
FERPA gives parents the right to review and confirm the accuracy of their children's educational records. This right transfers to the student when they turn 18 years old or attend a post-secondary institution. However, parents retain access to the records of children who are their dependents for tax purposes. Both custodial and non-custodial parents have equal access to student information unless the school has evidence of a court order or state law revoking these rights.
Schools are not required by federal law to provide copies of information, but they may charge a reasonable fee for obtaining records. They may not destroy records if a request for access is pending. Schools must also maintain a list of all individuals or organizations that have requested or obtained a student's educational records, and this list can only be accessed by a parent or eligible student, the school official responsible for educational records, and authorized auditing personnel.
FERPA also allows eligible students or parents to correct inaccurate, misleading, or privacy-violating information in their educational records and halt the release of personally identifiable information. Schools may disclose personally identifiable information with the written consent of the eligible student or, if the student is a minor, the student's parents. However, FERPA permits the disclosure of personally identifiable information without consent if it meets one or more of the "exemptions" outlined in 20 U.S.C. § 1232g(b) and (h) - (j) and 34 CFR § 99.31.
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Frequently asked questions
FERPA stands for the Family Educational Rights and Privacy Act, also known as the Buckley Amendment. It was enacted in 1974 to protect the privacy of personally identifiable information in a student's educational record.
Educational records under FERPA are defined as materials that contain information directly related to a student and are maintained by an educational institution or its agent. This includes academic records, transcripts, class schedules, grades, health records, student financial information, and student discipline files. The records can be in any format, including physical or digital.
Yes, there are a few types of records that are not considered educational records under FERPA: Law Enforcement Records, Treatment Records, and Sole Possession Notes. These records can, however, become educational records under certain circumstances. Additionally, student information shared under the "directory information" exception is not protected by FERPA.
