FERPA was not enacted to preclude the disclosure of educational records simply because the records identify a student by name rather, it was designed to protect the student’s educational information and status as a student. Department of Education, comply with certain procedures with regard to disclosing and maintaining educational records. Summary FERPA RestrictionsįERPA requires that federally funded institutions, under programs administered by the U.S. The act is designed to ensure that students and parents of students may obtain access to the student’s educational records and challenge the content or release of such records to third parties. They should also be aware of regulatory changes to FERPA that have occurred in 20.įERPA was enacted by Congress to protect the privacy of students and their parents. School officials may also share information with a parent about an eligible student that is based on that official’s personal knowledge or observation and that is not based on information contained in an education record.Career services professionals should know the key points of the Family Educational Rights and Privacy Act (FERPA) and how they can ensure their institutions are in compliance with FERPA’s requirements. Another provision in FERPA permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use of possession of alcohol or a controlled substance. FERPA also permits a school to disclose information from an eligible student’s education records to parents if a health or safety emergency involves their son or daughter. Schools may disclose any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules. While the rights under FERPA transfer from the parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age, FERPA provides ways in which an institution can share education records on the student with his or her parents. Schools do not have to record disclosures of PII from education records that were made to: 1) the parent or eligible student 2) a school official under § 99.31(a)(1) 3) a party with written consent from the parent or eligible student 4) a party seeking directory information or 5) a party seeking or receiving records in accordance with the provisions in FERPA related to disclosures pursuant to certain types of subpoenas or court orders as set forth in § 99.31(a)(9)(ii)(A)-(C). The school must maintain this record with the education records of the student as long as the education records are maintained.

Subject to certain exceptions addressed below, schools must maintain a record of each request for access to, and each disclosure of PII from, the education records of each student, as well as the names of state and local educational authorities and federal officials and agencies listed in § 99.31(a)(3) that may make further disclosures of PII from students’ education records without consent.

Ferpa requests timely response