FERPA

William Allan Kritsonis, PhD

04/09/23 2

Purpose of FERPA

• The Family Education Rights and Privacy Act of 1974 (FERPA)

– Ensures that parents have access to their

children’s educational records

– Protects the privacy rights of

parents and children by limiting

access to these records without

parental consent.

04/09/23 3

What is FERPA

• A federal law that protects the privacy of student education records.

• Also known as the Buckley Amendment

• FERPA deals with:– Access to educational records– Parental right to inspect and review

records– Amendment of records– Destruction of records

04/09/23 4

The Buckley Amendment

• This act is enforced to guarantee the

rights of citizens, but especially to protect

students in whom the federal government

has made a significant investment.

• Toward these ends, the FERPA

act mandates that schools must

"annually" and "effectively" notify

current students of their federally

affirmed rights.

04/09/23 5

Who does FERPA apply to

FERPA applies to all agencies and

institutions that receive federal funds,

including elementary and secondary

schools, colleges and universities.

04/09/23 6

Educational Records

• There are two types of educational records defined under FERPA. – Directory Information

• Can be disclosed without the written consent of the student

• Release can be restricted with formal request.

– Non-directory information• Cannot be released to anyone without

prior written consent of the student.• Faculty and staff can access with • legitimate academic need.

04/09/23 7

What’s Included

• Directory Information– Name– Address– Phone number and email

address– Dates of attendance– Degree(s) awarded– Enrollment status– Major field of study

• Non-Directory Information– Social security numbers– Student identification

number– Transcripts– Gender– Race

04/09/23 8

Landmark Case

• Gonzaga University v. Doe (2002): – Court noted that individuals cannot

sue for damages for FERPA violations.

The punishment for violations, noted

the Court, should be the denial of

federal funds to schools that

demonstrate noncompliance with

privacy laws.

04/09/23 9

Landmark Case

• Owasso Independent School District v. Falvo (2002): – Decision upheld the constitutionality

of peer grading. Actions did not violate

FERPA because student records

were not being maintained by the

peer graders.

04/09/23 10

Landmark Case

McGilvray v. Moses (1999):– This case involves a teacher who gave

personally identifiable information to someone

not employed by the district. The Texas

Commissioner of Education noted

that the list contained personally

identifiable information and violated

the students FERPA rights

References

Family Educational Rights and Privacy Act (FERPA) (2007, April 24). Retrieved March 24, 2008, from http://www.ed.gov/print/policy/gen/guid/fpco/ferpa/index.html

Privacy, Confidentiality, Education Records (2002, January 1). Retrieved March 24, 2008, from http://www.wrightslaw.com/info/ferpa.index.htm

Van Dusen, William D., Jr. (2004). FERPA: Basic guidelines for faculty and staff a simple step-by-step approach for compliance. Retrieved March 24, 2008, from the NACADA Clearinghouse of Academic Advising Resources Web site: http://www.nacada.ksu.edu/Resources/FERPA-Overview.htm

Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator's guide to Texas School Law (6th ed.). Austin: University of Texas Press. Retrieved March 30, 2008