Regulation

Family Educational Rights and Privacy Act (FERPA)

FERPA is a U.S. federal law that protects the privacy of students’ education records by bestowing parents and/or eligible students with more autonomy over their education records, and prohibits educational institutions from disclosing personally identifiable information within education records without written consent from an eligible student and/or parent.

Are you subject to FERPA?

FERPA applies to any public or private elementary, secondary, or post-secondary school, state or local education agency that receives funds from an applicable program of the U.S. Department of Education.
Some parochial and private elementary and secondary schools may not receive funding under any program administered by the U.S. Department of Education, and are therefore not subject to FERPA.

Key obligations of FERPA

Annual notifications

All educational agencies and institutions shall annually notify parents and/or eligible students of their rights under FERPA, including the right to:

Access student education records;
Correct student education records;
Partial control over the disclosure of personally identifiable information contained within their education records; and
Consent to the disclosure of personally identifiable information contained within the education record.

Right to hearings

Educational agencies or institutions shall establish procedures to provide parents and/or eligible students a hearing to challenge the content of the student’s education records where it is demonstrated that the education record is inaccurate or in violation of the privacy rights of the student. Educational agencies or institutions shall organize a hearing in a timely manner after it has received the request for a hearing.

Record retention

Educational agencies or institutions must retain a record of each access request to and each disclosure request of personally identifiable information from students’ education records. Records must include the:

Parties who have requested or received personally identifiable information from the education records; and
Legitimate interests of the parties for requesting or obtaining such information.

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FAQs

What is an eligible student under FERPA?

Eligible students are defined as students to whom FERPA rights are transferred from the parent to them when they turn 18 years old and/or when they enter a post-secondary institution.
Are there exceptions under FERPA when educational agencies or institutions are permitted to disclose information from a students’ education record?

Yes. Educational agencies or institutions may disclose information from student records, without obtaining consent to third-parties and/or circumstances allowed by FERPA.
Does FERPA permit the disclosure of personally identifiable information from education records to officials of a state’s juvenile justice system?
Yes. FERPA allows schools to non-consensually disclose such information from a student’s education record to state and local officials or other authorities if the disclosure:
- Is permitted by a state law; and
- Concerns the juvenile justice system and its ability to serve the student whose records are disclosed.
The officials and authorities, who will receive students’ personally identifiable information, must disclose in writing to the school that the information will not be provided to any other party, except as provided under state law without written consent.
How long does an educational agency or institution have to comply with a request to view records?

FERPA requires that access requests made by a parent or eligible student shall be provided within a reasonable period of time, but not more than 45 days after receipt of a request. Some States may require requests to be granted within a shorter time frame.
Do students under the age of 18, not in college, and not in the physical care of a parent or guardian, have rights under FERPA?

FERPA does not explicitly grant minors, separated from their parents, the same rights that are granted to parents and eligible students under the Act. Alternatively, it is up to the school’s discretion in determining whether an unaccompanied minor is responsible enough to exercise certain privileges (e.g. providing consent for disclosure).
Can educational agencies or institutions request a fee from parents and/or eligible students for copies of the student’s education record?
Yes. Educational agencies or institutions may charge a fee for copies of the student’s education record. However, a fee must not be charged when:
- Education records are only requested to be searched and/or retrieved; and
- The issuance of a fee would prevent a parent and/or eligible student from exercising their right to review the student education record.

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The information provided does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials presented are for general informational purposes only.