Lori Meadows
In the United States, the Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. FERPA applies to educational agencies or institutions that receive funding from programs administered by the US Department of Education, including public schools, school districts, and postsecondary institutions such as colleges and universities. Under FERPA, students have the right to inspect and review their education records and request amendments if they believe the records are inaccurate or misleading. FERPA also prohibits the nonconsensual disclosure of information from education records, except in certain specified circumstances, such as when a student is a dependent for tax purposes. Universities may also disclose certain types of directory information without restriction unless the student specifically requests that this information be restricted. As such, universities in the US are permitted to ask for student privacy policies, and students have the right to file a complaint with the US Department of Education if they believe their university has failed to comply with FERPA requirements.
| Characteristics | Values |
|---|---|
| Student privacy laws | Family Educational Rights and Privacy Act (FERPA) |
| Protection of Pupil Rights Amendment (PPRA) | |
| Health Insurance Portability and Accountability Act (HIPAA) | |
| FERPA | Applies to educational agencies or institutions that receive funds from programs administered by the U.S. Department of Education |
| Educational agencies or institutions include public schools, school districts, and postsecondary institutions | |
| Private and parochial schools at the elementary and secondary level do not receive funding and are not subject to FERPA | |
| FERPA rights | Transfer from parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age |
| Permits schools to disclose information to parents if the student is a dependent for tax purposes or if there is a health or safety emergency | |
| Permits schools to disclose to parents of students under 21 if the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance | |
| Permits schools to disclose information to parents based on an official's personal knowledge or observation | |
| Student rights | To inspect and review their education records within 45 days of the university receiving a written request for access |
| To file a complaint with the U.S. Department of Education concerning alleged failures of the university to comply with FERPA | |
| To request the amendment of their education records if they believe they are inaccurate or misleading | |
| To opt out of the disclosure of directory information, including name, address, telephone number, email address, photograph, student ID number, dates of attendance, field of study, job assignments, participation in activities, weight and height (for athletic teams), degrees and awards, and academic institution attended previously | |
| University of Denver | Asks third-party service providers to limit their use of personal data and agree to protect personal data under written agreements |
| Complies with applicable data protection laws and may ask for verification of identity when responding to requests | |
| Complies with the universal opt-out mechanism - Global Privacy Control (GPC) - allowing users to opt out of certain types of data processing |
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What You'll Learn
Students' right to access their educational records
The Family Educational Rights and Privacy Act (FERPA) gives students who are 18 or older, or who attend a post-secondary school, privacy rights regarding their educational records. FERPA applies to educational agencies or institutions that receive funding from programs administered by the US Department of Education. This includes public schools, school districts, and postsecondary institutions such as colleges and universities.
Under FERPA, students have the right to inspect and review their educational records within 45 days of the institution receiving a written request for access. This right transfers from the parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age. Educational records can consist of anything directly related to the student and maintained by the school or educational agency. This may include information such as the student's name, address, telephone number, email address, photograph, student identification number, dates of attendance, field of study, job assignments, participation in activities, and awards.
Students may request access to their personal educational records by filing a written request with the person responsible for maintaining the record. The request must identify the specific record(s) the student wishes to inspect. The official will then make arrangements for access and notify the student of the time and place where the records may be inspected. Students also have the right to request the amendment of their educational records if they believe the information is inaccurate, misleading, or violates their privacy.
Schools are required to maintain a list of all individuals or organizations that have requested or obtained a student's educational records. These records can generally only be accessed by the student, the school official responsible for educational records, and authorized auditing personnel. Third parties who obtain access must agree not to disclose the information without the student's written consent. However, there are exceptions where schools may disclose information without consent, such as to school officials within the school (e.g., teachers) who have a legitimate educational interest in the information.
In the case of students under the age of 21, FERPA permits colleges or universities to inform parents if the student has violated any law or policy concerning the use or possession of alcohol or controlled substances. Additionally, if the student is claimed as a dependent by either parent for tax purposes, either parent may have access to the student's educational records unless there is a court order prohibiting it.
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FERPA's application to universities
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects student privacy and applies to educational agencies or institutions that receive funds from programs administered by the US Department of Education. This includes public schools, school districts, and postsecondary institutions such as colleges and universities. Private and parochial schools at the elementary and secondary levels generally do not receive such funding and are therefore not subject to FERPA.
FERPA affords students certain rights with respect to their education records, including the right to inspect and review their records within 45 days of the university receiving a written request for access. Students can also request amendments to their records if they believe the information is inaccurate or misleading. FERPA permits universities to disclose certain types of "directory information" such as names, addresses, telephone numbers, and email addresses without restriction unless the student specifically requests that this information be restricted. Students can make this request in writing to the Office of the Registrar, specifying which information should be restricted.
FERPA also outlines the ways in which an institution can share education records on a student with their parents. For example, schools may disclose information to parents without the consent of the eligible student if the student is a dependent for tax purposes or if there is a health or safety emergency involving the student. FERPA also permits universities to notify parents of students under the age of 21 if the student has violated any law or policy concerning the use or possession of alcohol or controlled substances.
In the event of a suspected failure of the university to comply with FERPA requirements, students have the right to file a complaint with the US Department of Education.
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Disclosure of information to parents
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. Under FERPA, an educational institution must provide notice to parents of the types of student information that it releases publicly. This type of student information, commonly referred to as "directory information", includes items such as names, addresses, and telephone numbers. This information is generally not considered harmful or an invasion of privacy if disclosed. The notice must include an explanation of a parent's right to request that the information not be disclosed without prior written consent.
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 for an institution to share education records on the student with their parents. 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. 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 child.
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 or possession of alcohol or a controlled substance. FERPA generally prohibits the nonconsensual disclosure of information derived from education records, except in certain specified circumstances. One of these exceptions permits the nonconsensual disclosure of information derived from education records to that student's parent if the student is a dependent for tax purposes. Neither the age of the student nor the parent's status as a custodial parent is relevant to determining whether disclosure of information from the education records of eligible students to a parent without written consent is permissible under FERPA. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision, absent a court order specifically prohibiting it.
Students may request access to personal education records by filing a written request with the person responsible for maintaining the record. The request must identify the particular record(s) the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. Students also have the right to request the amendment of their education records if they believe they are inaccurate or misleading.
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Student privacy rights under federal law
The Family Educational Rights and Privacy Act (FERPA), also known as the "Buckley Amendment", affords students certain rights with respect to their education records. FERPA applies to educational agencies or institutions that receive funds from programs administered by the US Department of Education. This includes public schools, school districts, and postsecondary institutions such as colleges and universities.
Under FERPA, students have the right to inspect and review their education records within 45 days of the day the university receives a written request for access. Education records are typically located in the Offices of the Dean of the College, the Dean of Undergraduate Students, the Dean of the Graduate School, Student Accounts, the Registrar, and various academic departments. Students can request access to these records by filing a written request with the person responsible for maintaining the record. The request must identify the specific record(s) the student wishes to inspect. The university official will then arrange for access and notify the student of the time and place where the records can be inspected.
Students also have the right to request the amendment of their education records if they believe the information is inaccurate or misleading. If a student identifies information that is inaccurate or misleading, they may ask the university to amend the record.
FERPA generally prohibits the nonconsensual disclosure of information from education records, except in certain specified circumstances. For instance, schools may disclose information to parents or guardians if the student is a dependent for tax purposes, or in the case of a health or safety emergency. FERPA also permits colleges or universities to notify parents of students under 21 if the student has violated any law or policy concerning alcohol or controlled substances.
Students have the right to file a complaint with the US Department of Education if they believe the university has failed to comply with FERPA requirements. The Student Privacy Policy Office administers FERPA and can be contacted for guidance on student privacy rights and the university's obligations under federal law.
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Directory information
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. Educational agencies or institutions that receive funds from programs administered by the U.S. Department of Education are subject to FERPA. This includes public schools, school districts, and postsecondary institutions such as colleges and universities.
Under FERPA, schools are required to give public notice of the types of information designated as "directory information". This includes names, addresses, and telephone numbers, which are generally not considered harmful or an invasion of privacy if disclosed. Schools must also inform parents or eligible students of their right to restrict the disclosure of such information.
Students may request that some or all directory information be restricted from disclosure by submitting a written request to the Office of the Registrar, specifying which information should be restricted. Schools must honour these requests unless the student rescinds the opt-out request. However, students may not use their right to opt out of directory information disclosures to prevent school officials from identifying them by name or disclosing their electronic identifier or institutional email address in class.
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Frequently asked questions
FERPA stands for the Family Educational Rights and Privacy Act, also known as the "Buckley Amendment". It affords students certain rights with respect to their education records.
FERPA prohibits the nonconsensual disclosure of information derived from student education records, except in certain circumstances. For example, FERPA permits a college or university to inform the parents of students under 21 if the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
"Directory information" is a term used to describe basic student information that is generally not considered harmful or an invasion of privacy if disclosed. This includes names, addresses, telephone numbers, email addresses, student identification numbers, dates of attendance, and more.
Yes, students can submit a written request to restrict their directory information from disclosure.
Students have the right to file a complaint with the U.S. Department of Education if a university fails to comply with FERPA.
