Student Rights Under FERPA Explained
Short answer
Student rights under FERPA (Family Educational Rights and Privacy Act) protect the privacy and accuracy of education records by giving students and their parents control over access and corrections. These rights include reviewing records, requesting amendments, and limiting disclosure, ensuring that academic information is kept confidential and shared only with proper consent or legal exceptions.
What is FERPA in simple terms?
FERPA is a federal law that protects the privacy of student education records. It applies to schools that receive federal funding, including most public schools and many private ones. Essentially, FERPA gives students and their parents the right to access and control their education records. These records include grades, disciplinary reports, attendance, and other personal school information.
For students under 18, parents usually hold these rights. When a student reaches 18 years old or attends a postsecondary institution, the rights transfer to the student. Schools must notify students and parents each year about their FERPA rights and explain how to exercise them.
FERPA limits who can see or share a student’s education records to protect privacy. Schools cannot release records without written permission except in certain situations, such as transferring records to another school where the student enrolls or emergencies affecting health or safety. This law ensures that personal information stays confidential, helping students maintain control over their academic history.
How do FERPA rights work with a clear example?
Consider a student named Alex who wants to apply for scholarships and needs their transcript sent to several colleges. Alex’s parents can request to see the records because Alex is still a minor, but Alex also has the right to view the records directly. If Alex notices a mistake, like a grade that is lower than it should be, Alex or their parents can request the school fix the error.
Here is how the process might work in practice:
- Alex writes a letter or email to the school registrar: “I am requesting to review my education records as allowed under FERPA. I also believe my grade in Algebra is recorded incorrectly and ask for a correction.”
- The school schedules a time for Alex or a parent to review the records and provides copies upon request.
- After reviewing the records, if the school agrees with the mistake, they correct the grade and update the transcript.
- If the school denies the correction, Alex or the parent can request a hearing to contest the decision.
- Alex completes the school’s FERPA release form to authorize sending the corrected transcript to colleges.
This example shows how FERPA protects students from errors in their records and controls who gets to see sensitive academic information. It also highlights the importance of clear, written requests to exercise these rights.
Why do student rights under FERPA matter to you?
FERPA rights matter because they protect students’ personal and academic information from unauthorized disclosure. For students, this means confidence that their grades, disciplinary records, or special education files are not shared without permission. It also means they can check for mistakes and request corrections, which could impact college admissions, scholarships, or job applications.
Parents benefit from FERPA because they have legal rights to access and control education records for their children until they reach adulthood or enter college. This involvement helps parents support their child's education and address any concerns about privacy or accuracy.
Teachers and school staff must understand FERPA to handle records properly and avoid sharing information inappropriately. Schools violating FERPA risk complaints that can lead to investigations and potential loss of federal funding, which motivates schools to maintain compliance.
Knowing these rights empowers students and families to safeguard their education records and insist on privacy and fairness.
What common terms are often confused with FERPA?
FERPA is sometimes mixed up with other privacy or education laws. Clarifying these terms helps avoid confusion:
- HIPAA protects medical information privacy but generally does not apply to school education records. For example, a student’s medical records kept by a school nurse may be covered by HIPAA if maintained separately, but their grades and attendance fall under FERPA.
- IDEA ensures rights for students with disabilities and special education services. While IDEA includes privacy protections, it is a separate law from FERPA, and its records are also considered education records under FERPA when maintained by schools.
- COPPA regulates how websites and apps collect personal information from children online. It is unrelated to FERPA, which focuses on school-held education records.
- State laws: Some states have their own privacy laws that add protections beyond FERPA. The rules vary, so checking local laws is important.
Understanding these distinctions helps parents and students know which law protects which kind of information.
What types of education records does FERPA protect?
FERPA protects a wide range of records directly related to a student and maintained by the school. These include:
- Grades and report cards
- Transcripts and test scores
- Attendance records
- Disciplinary records and behavior reports
- Special education documents, including Individualized Education Programs (IEPs)
- Health or counseling records maintained by the school
- Class schedules and registration information
However, some information is classified as "directory information," which schools can share without consent unless the student or parent opts out. Directory information typically includes:
- Student name
- Address
- Telephone number
- Date and place of birth
- Participation in officially recognized activities
- Dates of attendance or graduation
Schools must notify families annually about what directory information they share and how to opt out. If a family opts out, the school cannot disclose that information publicly. This opt-out process helps balance privacy with the school’s need to share basic student information.
How can students and parents exercise FERPA rights step-by-step?
To protect education records under FERPA, follow these steps with specific language and actions:
- Request access to records: Write to the school: “I am requesting a copy of my (or my child’s) education records as permitted under FERPA.” Submit this to the registrar or records office.
- Review the records carefully: Check for errors or missing information. Take notes on what needs correction.
- Request corrections: Write a clear request: “I believe the attendance record for [date] is incorrect. Please review and correct it.” Keep copies of all correspondence.
- If denied, request a hearing: Ask the school for a hearing to challenge the denial of correction.
- Provide consent for release: When sharing records with colleges or others, complete the school’s FERPA release form. Include: What records can be shared Who will receive the records The purpose of sharing
- Opt out of directory information sharing: Submit a written notice by the school’s deadline stating: “I request that my (or my child’s) directory information not be released under FERPA.”
- File a complaint if necessary: If the school violates FERPA, file a complaint with the Family Policy Compliance Office at the U.S. Department of Education.
Following these steps with clear, written communication helps ensure FERPA rights are respected.
What happens if FERPA rights are violated?
If a school shares education records without permission or refuses access and correction, it violates FERPA. While individuals cannot sue directly under FERPA, they can file complaints with the U.S. Department of Education’s Family Policy Compliance Office. The school may then be required to change its policies to come into compliance.
Repeated violations risk the loss of federal funding for the school, a strong incentive for schools to follow the law. Students and parents should keep records of all communications and documentation when asserting their rights or reporting problems.
Knowing this enforcement process helps families understand their options if they face challenges in exercising FERPA rights.
What should you do next if you want to protect your FERPA rights?
Here are practical next steps:
- Contact your school’s registrar or records office to ask how to request access or corrections.
- Read the annual FERPA notice your school provides for specific instructions and deadlines.
- Keep copies of all written requests, receipts, and responses.
- Learn more about student rights from trusted resources like Student rights explained for parents or Understanding Student Education Rights.
- If you believe your rights are violated, consider filing a complaint with the U.S. Department of Education or seek help from legal aid organizations such as Legal Services Corporation or LawHelp.org.
- For students with disabilities, review overlapping protections in Student rights for students with disabilities.
Taking these actions helps maintain control over your education records and privacy.
Frequently asked questions
Can students prevent schools from sharing their information with recruiters?
Yes, students can opt out of directory information sharing, which prevents schools from releasing contact information to military or college recruiters without consent.
Does FERPA cover student records kept by online learning platforms?
FERPA protects education records controlled by the school, including some data stored online if the school manages it. Independent apps not controlled by schools may not be covered by FERPA.
How quickly must a school respond to a records request under FERPA?
Schools are expected to respond within a reasonable period, often within 45 calendar days, but this can vary by school.
Are teachers’ personal notes about students protected by FERPA?
Personal notes a teacher keeps for their own use, not shared or maintained by the school, are generally not considered education records under FERPA.
Do parents have FERPA rights after a student turns 18 and attends college?
Generally, FERPA rights transfer to the student at age 18 or when they attend college. Parents can still access records if the student gives written consent or if the student is financially dependent on the parent.