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In today’s world, educational institutions increasingly rely on online solutions to operate. Universities, online schools, and other educational organizations offer mobile learning applications, virtual classrooms, and content management systems to make education more accessible.

Exploring the Family Educational Rights and Privacy Act (FERPA) is essential for thoroughly understanding the field of education.

 

Understanding FERPA: Rights, Regulations, and Privacy Protections for Students

The Family Educational Rights and Privacy Act (FERPA) is a federal law protecting the privacy of student education records. It applies to all schools that receive funding from the U.S. Department of Education. 

FERPA is a law that gives parents certain rights regarding their children’s education records.  It respects and protects the privacy of student education records, ensuring students feel secure and respected in their educational environment. It also gives parents certain rights regarding their children’s records. This Law applies to students in both K-12 schools and higher education institutions. When a student turns 18 or enters a college or university, these rights are transferred from the parents to the eligible student.

This Law grants four specific rights to a postsecondary student:

  • To see the information that the institution is keeping on the student.
  • To seek amendment to those records and, in certain cases, append a statement to the record.
  • To consent to disclosure of records.
  • To file a complaint with the FERPA Office in Washington.

FERPA applies to all educational agencies or institutions, including ISU, which receive funds under any program administered by the

Secretary of Education. FERPA governs what may be released, but it does not require that any information be released. [source:  IOWA State University ]

What are student education records?

Education records are files directly related to a student and are kept by a school or its representative for all enrolled students, including high school students. 

These records include but are not limited to grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files. The data may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail. [source:  U.S. DEPARTMENT OF EDUCATION]

 

What is Directory Information?

Directory information is certain student information considered public and can be released without the student’s written consent. Usually, directory information includes:

  • Name
  • Hometown (City, State, 5-digit zip code only)
  • Email address
  • Dates of attendance
  • Admission or enrollment status
  • Campus, school, college, division, major
  • Class standing (first-year, second-year student, junior, senior)
  • Degrees and awards
  • Activities
  • Athletic information

Keep in mind that the process may vary from one University to another.

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Student Rights under FERPA

Students have certain rights under FERPA, which helps protect their educational records. These rights include:

Inspect and Review Records

  • Students can look at their education records.

Request Amendments

  • Students can ask to change their records if they believe there are mistakes.

Consent to Disclosure

  • Students must permit sharing their personal information, with some exceptions outlined in the law.

File a Complaint

  • Students can file a complaint with the U.S. Department of Education if they believe the school has violated their rights.

For a more in-depth understanding of each right, students are encouraged to visit the official website, where they can find detailed information and resources.

A Parent Guide to the Family Educational Rights and Privacy Act

A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)

FERPA gives parents several rights regarding their child’s education records, including:

Access to Education Records

Schools or State educational agencies (SEAs) must let parents inspect and review their child’s education records within a reasonable time, but no more than 45 days after receiving a request.

Amendment of Education Records

Parents can ask to correct their child’s education records if they believe the information is inaccurate, misleading, or violates the child’s privacy rights.

Schools are not required to make the changes but must consider the request and inform parents of their decision.

If the request is denied, parents have the right to a hearing.

If the school still refuses to amend the records after the hearing, parents can add a statement to the record explaining their disagreement. This statement must stay with the contested part of the record as long as the record is kept and be included whenever that part of the record is shared.

Disclosure of Education Records

Schools generally cannot share personally identifiable information (PII) from a student’s education records with third parties without written consent from the parent.

There are exceptions to this rule, which are detailed on the U.S. Department of Education website. [source:  U.S. DEPARTMENT OF EDUCATION]

When Can Education Records Be Disclosed Under FERPA?

FERPA allows the university to share student education records or personal information in the following cases:

  1. With the Student’s Written Consent: The university can release records if the student gives written permission.
  2. Directory Information: If the information is considered directory information and the student hasn’t restricted its release in MyUW or otherwise. Check the Student Directory List for details.
  3. FERPA Criteria for Disclosure Without Consent: If the release meets the criteria in FERPA 34 CFR § 99.31, which allows sharing records without the student’s permission.

Note: References to parents in FERPA usually apply to students who are not yet in college or are under 18. At the University of Washington (UW), FERPA rights belong to the students. [Source:  Student Press Law Center]

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Conclusion

We hope our research on how FERPA works and what it regulates has helped you gain a better understanding of the law.

If you’re looking to develop your own educational app or platform, RewiSoft is here to help. With a large number of apps and web platforms developed in the education field, we have the expertise and experience to support your project. We’re excited to share our knowledge and skills to bring your education product to life.

 

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Frequently Asked Question(s)

What is FERPA in simple terms?

FERPA is a federal law that protects the privacy of student education records. It applies to any educational institution that receives funds from programs administered by the U.S. Secretary of Education. Institutions that do not comply with FERPA may lose their funding.

Key points of the law include:

  • Eligible Student Rights to Inspect Records:
    • College students have the right to inspect their own education records. When a student starts attending a university, these rights transfer from the parents to the student.
  • Privacy of Student Information:
    • Schools cannot share personally identifiable information from eligible student records or allow others to inspect these records without the student’s written permission, except for certain allowed exceptions. One such exception is sharing information with school officials who have a legitimate educational interest
Why is FERPA important for teachers?

FERPA is the law that protects Educational Records. It is important for the teachers to keep personal information related to the child and parents confidential. They neew to know what the law says about the various types of educational records and their accessibility conditions. 

Key FERPA Regulations Teachers Should Know

  • Parents and eligible students can inspect, review, and request to amend student’s education record.
  • FERPA protects most eligible student information collected by schools, except for: Sole possession records, school-based law enforcement records, employment records.
  • FERPA limits who can access students’ personally identifiable information and penalizes inappropriate re-disclosure by third parties.
  • Parents can inspect records related to the identification, evaluation, and placement of children with disabilities.
  • When students turn 18 or attend a postsecondary institution, they become “eligible students,” and all FERPA rights transfer from parents to the student.


[Source: ConexED Enterprise Student Experience Platform for Higher Education

Disclosure of personally identifiable information

Schools and educational institutions can unknowingly violate FERPA. Here are common violations to watch out for:

  • Sharing Student Educational Records Without Consent

Documents often contain confidential information like social security numbers. Sharing this without consent violates privacy laws.

  • Not Using Proper Security Measures

Schools must take appropriate security steps to protect students’ personal information and education records.

  • Failing to Inform Parents of FERPA Rights

Schools must give parents and eligible students annual updates on their FERPA rights. This is one of the simplest FERPA rules to follow, yet often overlooked.

[Source: Trustworthy.]

Is FERPA good or bad?

Overall, FERPA is beneficial for both students and parents.

Here’s why FERPA is beneficial:

  1. Protecting Minors:
    • Minors need their personal information to remain private for various reasons. Privacy ensures that students can recover and improve after disciplinary actions or academic setbacks without their issues being publicly known.
  2. Safeguarding Postsecondary Students:
    • At the college level, FERPA protects students’ privacy rights, especially in serious situations. It ensures that their personal information is not disclosed without consent, maintaining their right to privacy and allowing them to manage their educational journey.
  3. Balancing Rights and Needs:
    • Privacy laws like FERPA strive to balance individual rights with societal needs. In education, this balance is crucial as it helps in creating a secure environment for students to learn and grow.
  4. Contributing to Student Success:
    • By granting students these rights, FERPA plays a significant role in their success. It allows students to focus on their education without worrying about unauthorized access to their personal information, thereby supporting their overall well-being and future prospects.

FERPA’s comprehensive protection underscores its importance, ensuring that students can thrive academically and personally in a safe and secure environment.

[Source: ConexED Enterprise Student Experience Platform for Higher Education]

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