USA Family Education Rights and Privacy Act

1. Introduction

The Family Educational Rights and Privacy Act represents the cornerstone of student privacy protection in the United States. Enacted in 1974, FERPA establishes students’ and parents’ rights regarding educational records while setting strict guidelines for educational institutions that receive federal funding. The Act balances students’ privacy rights with schools’ need to maintain and use educational records effectively.

FERPA differs from other privacy regulations by specifically focusing on educational records and creating a dual rights system where rights transfer from parents to students at the college level or age 18. The Act applies to all educational institutions receiving federal funds, making it a crucial compliance requirement for nearly all U.S. schools.

2. Scope and Application

FERPA applies to educational institutions and agencies that receive federal funding under programs administered by the U.S. Department of Education.

Institution Type	Coverage	Examples
K-12 Schools	Public schools receiving federal funds	Public elementary, middle, and high schools
Higher Education	Post-secondary institutions with federal funding	Colleges, universities, technical schools
Educational Agencies	State and local education authorities	School districts, state education departments

Protected Records

Record Type	Included Information	Protection Level
Educational Records	– Grades and transcripts – Class schedules – Disciplinary records – Financial aid information	Full FERPA protection
Directory Information	– Name and address – Telephone number – Date of birth – Honors and awards	Can be released unless opted out
Excluded Records	– Private notes of school staff – Law enforcement unit records – Alumni records – Employment records	Not covered by FERPA

3. Core Rights

FERPA establishes specific rights for parents and eligible students regarding educational records.

Right	Description	Implementation Requirements
Inspection and Review	Access educational records Review record contents Receive explanations	Respond within 45 days Provide supervised access Explain record content
Amendment	Request record corrections Challenge content accuracy Insert explanatory statements	Review amendment requests Conduct hearings if needed Document decisions
Consent for Disclosure	Control record sharing Authorize disclosures Restrict information release	Obtain written consent Document disclosures Verify authorization

4. Compliance Requirements

Educational institutions must implement specific measures to ensure FERPA compliance.

Requirement Area	Key Measures	Implementation Example
Annual Notification	Inform of FERPA rights Define directory information Explain procedures	Like sending a start-of-year privacy notice to all parents and students
Record Keeping	Track access requests Document disclosures Maintain consent forms	Like maintaining a log of who accessed records and why
Staff Training	Privacy awareness Disclosure procedures Security practices	Like regular training sessions on handling student records

5. Enforcement

The U.S. Department of Education’s Family Policy Compliance Office (FPCO) enforces FERPA through investigation of complaints and the power to withdraw federal funding for violations, though this ultimate penalty has never been imposed.

While FERPA does not provide for direct fines, non-compliance can result in: loss of federal funding, increased oversight, mandatory corrective actions, and damage to institutional reputation. The focus is typically on achieving compliance through guidance and corrective action rather than punitive measures.