Update on the Family Educational Rights and Privacy Act (FERPA)

Also known as the Buckley Amendment

What is FERPA?
FERPA is a federal law that applies to educational agencies and institutions that receive federal funds under any program administered by the Secretary of Education. Generally, FERPA prohibits the funding of an educational agency or institution that has a policy or practice of disclosing a student's "education record" (or personally identifiable information contained therein) without the consent of the parent. When a student turns 18 years old or attends a postsecondary institution at any age, the rights under FERPA transfer from the parent to the student ("eligible student").

What is an "education record"?
FERPA defines "education records" as "those records, files, documents, and other materials which:

• Contain information directly related to a student; and
• Are maintained by an educational agency or institution or by a person acting for such agency or institution."

What is "Directory Information"?
Directory information is:

• Information not generally considered harmful or an invasion of privacy if disclosed.
• Includes but is not limited to:
• name, address, telephone listing, e-mail address
• date and place of birth, photographs
• participation in officially recognized activities and sports
• field of study
• weight and height of athletes
• enrollment status (full-, part-time)
• degrees and awards received
• dates of attendance
• most recent previous school attended
• grade level
• Directory information cannot include student identification numbers or social security numbers.

What are the primary rights of students under FERPA?

• Right to review and inspect education records
• Right to seek to amend education records
• Right to have some control over the disclosure of information from education records

What is "legitimate educational interest"?
A school official has a legitimate educational interest if the official is:

• Performing a task that is specified to his or her position description or contract agreement; related to a student's education; or related to the discipline of a student.
• Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
• Maintaining the safety and security of the campus.