Introduction to FERPA and Eligible Students
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It applies to all schools that receive funds from the U.S. Department of Education, including colleges, universities, and other postsecondary institutions. FERPA gives eligible students certain rights regarding their education records, including the right to inspect and review their records, the right to request changes to their records, and the right to consent to disclosure of their records. In this blog post, we will explore the basics of FERPA and eligible students, including who is covered under the law, what rights students have, and how schools must comply with FERPA.Who is Covered Under FERPA?
FERPA applies to all students who are or have been in attendance at a postsecondary institution, including colleges, universities, and vocational schools. This includes students who are: * Currently enrolled in classes * On leave or withdrawn from the institution * Deceased * Alumni of the institution FERPA does not apply to students who have not yet attended the institution, such as applicants or prospective students.What are the Rights of Eligible Students Under FERPA?
Eligible students have several rights under FERPA, including: * The right to inspect and review their education records * The right to request changes to their education records * The right to consent to disclosure of their education records * The right to file a complaint with the U.S. Department of Education Students can exercise these rights by submitting a request to the institution in writing. The institution must then respond to the request within a certain timeframe, usually 45 days.What are Education Records Under FERPA?
Education records under FERPA include any records that are directly related to a student and are maintained by the institution. This can include: * Transcripts * Grades * Disciplinary records * Financial aid records * Health records * Personal notes or observations made by faculty or staff However, FERPA does not apply to certain types of records, such as: * Sole possession records (records kept in the sole possession of the maker, used only as a personal memory aid, and not shared with others) * Law enforcement records * Employment records (unless the employment is contingent on the individual being a student)How Do Schools Comply with FERPA?
Schools must comply with FERPA by: * Providing annual notice to students of their rights under FERPA * Allowing students to inspect and review their education records * Responding to student requests to change or disclose their education records * Maintaining accurate and up-to-date education records * Protecting education records from unauthorized disclosure Schools can disclose education records without student consent in certain circumstances, such as: * To school officials with a legitimate educational interest * To other schools where the student is transferring * To authorized representatives of the U.S. Department of Education * In response to a subpoena or court orderDisclosure of Education Records
FERPA allows schools to disclose education records without student consent in certain circumstances. These include: * Disclosure to school officials with a legitimate educational interest * Disclosure to other schools where the student is transferring * Disclosure to authorized representatives of the U.S. Department of Education * Disclosure in response to a subpoena or court order However, schools must still provide annual notice to students of their rights under FERPA and allow students to opt-out of certain disclosures, such as disclosure of directory information.Directory Information
Directory information is a type of education record that can be disclosed without student consent, unless the student has opted-out. Directory information can include: * Student name * Address * Telephone number * Date and place of birth * Major field of study * Dates of attendance * Degrees and awards received Schools must provide annual notice to students of their rights under FERPA and allow students to opt-out of disclosure of directory information.đź“ť Note: Students who wish to opt-out of disclosure of directory information must submit a request to the institution in writing.
FERPA and Online Education
FERPA applies to online education, just as it does to traditional education. Online education providers must still comply with FERPA by protecting student education records and providing annual notice to students of their rights under the law.FERPA and Student Safety
FERPA can sometimes conflict with concerns about student safety. In emergency situations, schools may be able to disclose education records without student consent in order to protect the health or safety of the student or others. However, schools must still follow FERPA guidelines and disclose only the minimum amount of information necessary to address the emergency situation.FERPA and Parental Rights
FERPA gives eligible students the right to inspect and review their education records, regardless of their age. This means that parents of students who are eligible under FERPA do not have the automatic right to inspect and review their child’s education records, unless the student has provided written consent.📝 Note: Parents of students who are not eligible under FERPA (such as students under the age of 18) may still have the right to inspect and review their child's education records under other laws or institutional policies.
FERPA and Third-Party Providers
FERPA applies to third-party providers who have access to student education records, such as contractors or vendors. These providers must still comply with FERPA by protecting student education records and disclosing only the minimum amount of information necessary to perform their duties.In summary, FERPA is a federal law that protects the privacy of student education records. Eligible students have certain rights under FERPA, including the right to inspect and review their records, the right to request changes to their records, and the right to consent to disclosure of their records. Schools must comply with FERPA by providing annual notice to students of their rights under the law, allowing students to inspect and review their education records, and protecting education records from unauthorized disclosure.
What is FERPA and how does it protect student education records?
+FERPA is a federal law that protects the privacy of student education records. It gives eligible students certain rights, including the right to inspect and review their records, the right to request changes to their records, and the right to consent to disclosure of their records.
Who is covered under FERPA?
+FERPA applies to all students who are or have been in attendance at a postsecondary institution, including colleges, universities, and vocational schools. This includes students who are currently enrolled, on leave or withdrawn, deceased, or alumni of the institution.
What are the rights of eligible students under FERPA?
+Eligible students have the right to inspect and review their education records, the right to request changes to their education records, the right to consent to disclosure of their education records, and the right to file a complaint with the U.S. Department of Education.
How do schools comply with FERPA?
+Schools comply with FERPA by providing annual notice to students of their rights under the law, allowing students to inspect and review their education records, responding to student requests to change or disclose their education records, maintaining accurate and up-to-date education records, and protecting education records from unauthorized disclosure.
Can schools disclose education records without student consent?
+Yes, schools can disclose education records without student consent in certain circumstances, such as to school officials with a legitimate educational interest, to other schools where the student is transferring, to authorized representatives of the U.S. Department of Education, or in response to a subpoena or court order.
In final consideration, understanding FERPA and its implications for eligible students is crucial for both students and educational institutions. By recognizing the rights and responsibilities under this law, we can work together to protect student privacy and
