Family Educational Rights and Privacy Act (FERPA)
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FERPA protects the privacy of student education records and gives parents and eligible students specific rights regarding these records.
Key Facts
- Enacted in 1974
- Enforced by U.S. Department of Education
- Applies to schools receiving federal funds
FERPA Rules
Access Rights
Students' and parents' rights to inspect and review education records.
Requirements
- Provide access within 45 days
- Respond to record requests
- Maintain request logs
- Document identity verification
- Handle special circumstances
Examples
- Record request forms
- Identity verification procedures
- Access logs
- Response documentation
Amendment Rights
Rights to request amendment of inaccurate or misleading information.
Requirements
- Accept amendment requests
- Review requested changes
- Notify decision outcomes
- Provide hearing opportunities
- Document proceedings
Examples
- Amendment request forms
- Review procedures
- Hearing records
- Decision documentation
Disclosure Controls
Requirements for controlling disclosure of student information.
Requirements
- Obtain written consent
- Track disclosures
- Handle exceptions
- Maintain disclosure records
- Verify legitimate interests
Examples
- Consent forms
- Disclosure logs
- Exception documentation
- Verification records
Compliance Requirements
Annual Notification
Provide annual notice to students about their FERPA rights.
Implementation Steps
- Prepare notification content
- Distribute to all students
- Document distribution
- Update as needed
- Maintain records
Required Documentation
- Notification template
- Distribution records
- Receipt confirmations
- Update history
- Annual review logs
Education Records Management
Maintain and protect education records according to FERPA requirements.
Implementation Steps
- Identify education records
- Implement security measures
- Control access rights
- Monitor compliance
- Handle disposal
Required Documentation
- Records inventory
- Security procedures
- Access logs
- Compliance reports
- Disposal records
Directory Information Management
Handle directory information in compliance with FERPA regulations.
Implementation Steps
- Define directory information
- Provide opt-out options
- Process opt-out requests
- Maintain opt-out records
- Update procedures
Required Documentation
- Directory definitions
- Opt-out forms
- Request records
- Processing logs
- Procedure updates
Enforcement
Department of Education Enforcement
The U.S. Department of Education's Family Policy Compliance Office (FPCO) enforces FERPA.
Powers
- Federal Funding
- Loss of Department of Education funds
- Complete withdrawal of funding
- Required implementation of specific procedures
- Enhanced monitoring and reporting requirements
Example Cases
Individual Complaints
Students and parents can file complaints with the FPCO.
Powers
- Investigation
- FPCO investigation
- Official review of compliance
- Required remediation
- Mandatory correction of violations