This article describes general information about the Federal Rights and Privacy Act (FERPA), sometimes referred to as the Buckley Amendment, written for college students and their parents. Because each college has their own policies and procedures related to FERPA, students are encouraged to check with their colleges for specific information about FERPA.
FERPA (pronounced FUR-pa) is a federal law regulating the privacy of student records at educational institutions receiving federal funds through the U.S. Department of Education. Under FERPA parents of minor children have specific rights, which are transferred to students when the student attends a post-secondary educational institution (education beyond high school) or when the age of 18.
What rights does FERPA give to college students?
- The right to review their educational records (within 45 days of the student’s request)
- The right to seek to correct educational records
- The right to limit the disclosure of their educational records
- The right to file complaints against their school for disclosing educational records in violation of FERPA
What records are educational records according to FERPA?
Records related to a student’s education that contain information identifying a particular student are generally protected under FERPA. Information, such as a student’s social security number, may be protected as educational records.
Directory information is handled differently from other educational information. Directory information may include information such as a student's name, address, honors and awards, and dates of attendance. Specific information covered under the term directory information varies among institutions. It includes information about students that, if disclosed, is not generally considered to be harmful. Colleges may disclose information about students without their consent. However, colleges must inform students about the directory information and allow them to request their information not be released.
What are not considered educational records under FERPA?
Private records kept by staff members, police records and medical records are not considered educational records under FERPA.
FERPA allows the release of educational records without students’ permission to specific individuals or in specific situations:
- To educational institutions to which students are transferring
- To college staff who need the information to assist the students
- To state or local authorities when required under state law
- For financial aid purposes
- When compelled to by a court of law
- During health or safety emergencies
- For audit, analysis, evaluation or accreditation purposes
What is required to release records by student consent?
When students want information released to a third party they must give written consent for the disclosure of non-directory educational records that do not fall under an exception. The consent must include the specific records to be released, the reason for the disclosure, the name of the party the information is to be disclosed to, the date, the student signature and the signature of the keeper of the record.
Can parents of college students access educational records without their child’s consent?
FERPA allows schools to disclose student records to parents without the student’s consent if the student is considered dependent for tax purposes. Although FERPA allows this type of disclosure, students and parents should check with individual colleges regarding their policies related to disclosure of dependent student information. Colleges may impose their own privacy regulations on student records. Even when colleges allow such disclosure, college students, not parents, still retain the right to make privacy decisions related to their records.
Where students find more information about FERPA?
The Family Policy Compliance Office of the U.S. Department of Education administers FERPA. Students who wish to learn more about FERPA can visit the U.S. Department of Education’s website (www.ed.gov) for more information.
College policies and state laws may also affect the disclosure of students’ educational records. Therefore, for specific information about how FERPA is applied at a particular college, students should check with that school. In most cases the college’s registrar office is in charge of FERPA compliance. Therefore, students can check with their college’s registrar office for information.
