FERPAFamily Education Rights and Privacy Act

FERPA, or the Family Educational Rights and Privacy Act, is a US federal law that protects the privacy of student education records. Under FERPA, students and their parents have the right to access and review their education records, request that any inaccurate or misleading information be corrected, and consent to the disclosure of personally identifiable information in their education records. Schools must have written permission from the student or parent before disclosing any personally identifiable information from the student's education records, except in certain limited circumstances, such as in response to a court order or subpoena. Schools must also have policies and procedures in place to protect the privacy of student education records.

FERPA protects the privacy of "education records," which are defined as any records that are directly related to a student and maintained by an educational institution or by a party acting for the institution. This includes records such as transcripts, grades, enrollment and attendance records, disciplinary records, and financial aid information.

FERPA also protects "personally identifiable information," which is any information that can be used to identify a student, including the student's name, address, Social Security number, or other personal information. This information cannot be disclosed without the written consent of the student or parent, except in limited circumstances such as when the information is needed for the health or safety of the student or others, or when required by law.

Under FERPA, an eligible student is a student who has reached the age of 18 or is attending a postsecondary institution at any age. Once a student becomes an eligible student, the rights that were previously held by the parents with respect to the student's education records transfer to the student.

This means that, with limited exceptions, the educational institution must obtain the written consent of the eligible student before disclosing any personally identifiable information from the student's education records. The eligible student also has the right to review and inspect their education records, request that any inaccurate or misleading information be corrected, and file a complaint with the U.S. Department of Education if they believe their rights under FERPA have been violated.

While FERPA grants certain rights to eligible students, it does not prevent schools from sharing information with parents or legal guardians of a student who is under the age of 18 and is considered a dependent for tax purposes. FERPA does not prevent schools from disclosing information that has been designated as "directory information," such as the student's name, address, phone number, and email address, without the student's written consent. However, schools must give eligible students the opportunity to opt out of the disclosure of directory information.