Eleanor Finch
The Family Educational Rights and Privacy Act (FERPA) is a federal law that grants parents certain rights regarding their children's education records. These rights transfer to the student when they turn 18 or attend a postsecondary institution. FERPA outlines that educational institutions must obtain written consent from parents or eligible students before releasing personally identifiable information (PII) from education records. Directory information, such as a student's name, address, and field of study, is not considered harmful or an invasion of privacy if disclosed and is therefore not protected by FERPA's use and re-disclosure limitations. This means that information shared under the directory information exception does not constitute protected directory information under FERPA.
| Characteristics | Values |
|---|---|
| Student information shared under the "directory information" exception | Not protected by FERPA and not subject to FERPA's use and re-disclosure limitations |
| Student information that has been properly de-identified | Not protected by FERPA and not subject to FERPA's use and re-disclosure limitations |
| Personally identifiable information (PII) from education records | Requires written consent from parents or "eligible students" (students who are at least 18 years of age or attending a postsecondary institution) for release |
| Education records | Contain information directly related to a student and are maintained by an educational agency, institution, or person acting for such agency or institution |
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What You'll Learn
Student information shared under the directory information exception
The Family Educational Rights and Privacy Act (FERPA) provides certain rights to parents regarding their children's education records. When a student turns 18 or attends a postsecondary institution, FERPA rights transfer from the parent to the student.
FERPA generally requires schools to notify parents or eligible students before complying with an order or subpoena. However, it's important to note that FERPA does not protect student information shared under the "directory information" exception. This information is not subject to FERPA's use and re-disclosure limitations.
"Directory information" is defined as information contained in a student's education record that would not typically be considered harmful or an invasion of privacy if disclosed. This includes but is not limited to:
- Name
- Address
- Telephone number
- Electronic mail address
- Photograph
- Date and place of birth
- Major field of study
- Grade level
- Enrollment status
- Dates of attendance
- Participation in officially recognized activities and sports
- Weight and height of athletic team members
- Degrees, honours, and awards received
- The most recent educational institution attended
Schools must give public notice of their policy on disclosing directory information. Parents have the right to opt out of any personally identifiable information (PII) being disclosed as directory information for their child. If they opt out, schools cannot release that information without prior written consent from the parent.
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Student ID numbers
The Family Educational Rights and Privacy Act (FERPA) gives parents certain rights regarding their children's education records. When a student turns 18 or attends a postsecondary institution at any age, the rights under FERPA transfer from the parent to the student.
FERPA defines "directory information" as information that is generally not considered harmful or an invasion of privacy if released without parental or eligible student consent. Directory information includes the student's name, address, telephone listing, electronic mail address, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honours, and awards received, and the most recent educational institution attended.
However, student identification (ID) numbers are specifically excluded from directory information under FERPA. This means that student ID numbers are protected by FERPA and are not subject to disclosure without parental or eligible student consent. Student ID numbers are considered personally identifiable information (PII), which is defined as information that can be used to distinguish or trace an individual's identity directly or indirectly through linkages with other data.
It is important to note that FERPA allows schools to redact personally identifiable information, such as student numbers, from campus police records. Additionally, even without FERPA, there are legal safeguards in place to protect against the release and publication of private and embarrassing information about individuals.
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Personally identifiable information (PII)
FERPA provides certain rights to parents regarding their children's education records. These rights transfer to the student when they turn 18 or attend a post-secondary institution at any age. An example of these rights in action is when a parent or eligible student gives written consent to share education records with an authorized party, such as a researcher.
It is important to note that directory information, which includes a student's name, address, telephone number, email address, date and place of birth, field of study, grade level, enrollment status, dates of attendance, participation in activities and sports, weight and height (for athletic team members), degrees, honours, awards received, and previous educational institutions attended, is not protected by FERPA and is therefore not subject to the same use and re-disclosure limitations.
To protect student privacy, FERPA regulations define "de-identified data" as data that has been stripped of personally identifiable information so that the remaining information does not identify an individual and cannot reasonably be used to identify them. This process helps to ensure that student privacy is maintained even when data is being shared or analysed.
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Information considered harmful or an invasion of privacy
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student records and outlines the obligations of educational institutions regarding the release and access of these records. FERPA applies to schools and educational institutions that receive federal funding from the Department of Education.
Under FERPA, "directory information" refers to student information that is typically not considered harmful or an invasion of privacy if disclosed. This includes, but is not limited to, the student's name, address, telephone number, electronic mail address, photograph, date and place of birth, field of study, grade level, enrollment status, dates of attendance, participation in official activities and sports, weight and height (for athletic team members), degrees, honours, and awards received, and the most recent educational institution attended.
However, it is important to note that FERPA specifically excludes certain types of information from being considered directory information. Information that is considered harmful or an invasion of privacy if disclosed is protected by FERPA and is subject to its use and re-disclosure limitations. This includes personally identifiable information (PII) from education records, which requires written consent from parents or "eligible students" (those who are at least 18 or attending a postsecondary institution) for release.
Examples of information that may not be released without prior written consent include but are not limited to:
- Student identification (ID) numbers.
- Graded papers, exams, transcripts, and other academic records.
- Notes from conversations with or about a student placed in their file.
- Personally identifiable information (PII) such as Social Security numbers, driver's license numbers, or financial information.
FERPA provides specific rights to parents and eligible students regarding their education records. When a student turns 18 or attends a postsecondary institution at any age, the rights under FERPA transfer from the parent to the student. This includes the right to inspect and review education records, request amendments to inaccurate or misleading information, and consent to the disclosure of personally identifiable information.
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Records, files, documents, and materials not maintained by an educational institution
The Family Educational Rights and Privacy Act or FERPA provides certain rights to parents regarding their children's education records. These rights transfer to the student once they turn 18 or attend a postsecondary institution. FERPA outlines that personally identifiable information in an education record may not be released without prior written consent from the student or their parents, depending on the student's age.
Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by an educational agency or institution or a person acting on their behalf. These records can exist in various media, including typed documents, computer-generated files, videotape, audiotape, film, microfilm, microfiche, and email, to name a few. Examples of education records include graded papers, exams, transcripts, and notes from conversations with or about a student that are placed in their file.
However, it is important to note that FERPA does not cover all records, files, documents, or materials related to a student. For example, FERPA does not apply to records that are not maintained by an educational institution or its agents. This means that if a record is held by a private company or an individual not affiliated with the school, it may not be protected by FERPA. Additionally, FERPA does not cover records that have been properly de-identified or anonymized, where personal identifiers have been removed, or records that are shared under the "'directory information' exception".
The "directory information" exception applies to information that is generally not considered harmful or an invasion of privacy if disclosed. This includes basic information such as the student's name, address, telephone number, email address, date and place of birth, field of study, grade level, enrollment status, dates of attendance, participation in official activities and sports, and awards received.
In conclusion, while FERPA provides important protections for student privacy, it is essential to understand its limitations. Records, files, documents, and materials not maintained by an educational institution or its agents may fall outside the scope of FERPA, and certain types of information, such as directory information, are not protected by the same privacy restrictions.
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Frequently asked questions
FERPA stands for the Family Educational Rights and Privacy Act, which provides certain rights for parents regarding their children's education records.
Directory information is information contained in a student's education record that would not be considered harmful or an invasion of privacy if disclosed.
Directory information includes the student's name, address, telephone number, email address, photograph, date and place of birth, field of study, grade level, enrollment status, dates of attendance, participation in officially recognized activities and sports, weight and height (if the student is a member of an athletic team), degrees, honours, awards received, and the most recent educational institution attended.
Information that is typically NOT included in directory information and is therefore protected by FERPA includes a student's student identification (ID) number and any other personally identifiable information (PII) from education records.
FERPA permits educational institutions to disclose PII from education records without written consent if the disclosure meets one of the exemptions outlined in 20 U.S.C. § 1232g(b) and (h) - (j) and 34 CFR § 99.31.
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