FERPA General Guidance
for Students
General InformationFERPA is a
Federal law that applies to educational agencies and institutions that receive
funding under a program administered by the U. S. Department of Education. The
statute is found at 20 U.S.C. § 1232g and the Department's regulations are found
at 34 CFR Part 99.
Under
FERPA, schools must generally afford students who are 18 years or over, or
attending a postsecondary institution:
·
access to
their education records
·
an
opportunity to seek to have the records amended
·
some control
over the disclosure of information from the records.
Access to
Education RecordsSchools are
required by FERPA to:
·
provide a student with an opportunity to inspect and review his or
her education records within 45 days of the receipt of a request
·
provide a student
with copies of education records or otherwise make the records available to the
student if the student, for instance, lives outside of commuting distance of the
school
·
redact the names and
other personally identifiable information about other students that may be
included in the student's education records.
Schools are
not required by FERPA to:
·
Create or maintain
education records;
·
Provide students with
calendars, notices, or other information which does not generally contain
information directly related to the student;
·
Respond to questions
about the student.
Amendment
of Education RecordsUnder FERPA, a
school must:
·
Consider a request
from a student to amend inaccurate or misleading information in the student's
education records;
·
Offer the student a
hearing on the matter if it decides not to amend the records in accordance with
the request;
·
Offer the student a
right to place a statement to be kept and disclosed with the record if as a
result of the hearing the school still decides not to amend the record.
A school is
not required to consider requests for amendment under FERPA that:
·
Seek to change a
grade or disciplinary decision;
·
Seek to change the
opinions or reflections of a school official or other person reflected in an
education record.
Disclosure
of Education RecordsA school must:
·
Have a student's
consent prior to the disclosure of education records;
·
Ensure that the
consent is signed and dated and states the purpose of the disclosure.
A school MAY
disclose education records without consent when:
·
The disclosure is to
school officials who have been determined to have legitimate educational
interests as set forth in the institution's annual notification of rights to students;
·
The student is
seeking or intending to enroll in another school;
·
The disclosure is to
state or local educational authorities auditing or enforcing Federal or State
supported education programs or enforcing Federal laws which relate to those
programs;
·
The disclosure is to
the parents of a student who is a dependent for income tax purposes;
·
The disclosure is in
connection with determining eligibility, amounts, and terms for financial aid or
enforcing the terms and conditions of financial aid;
·
The disclosure is
pursuant to a lawfully issued court order or subpoena; or
·
The information
disclosed has been appropriately designated as directory information by the
school.
Annual
Notification
A school must
annually notify students in attendance that they may:
·
Inspect and review
their education records;
·
Seek amendment of
inaccurate or misleading information in their education records;
·
Consent to most
disclosures of personally identifiable information from education records.
The annual
notice must also include:
·
Information for a
student to file a complaint of an alleged violation with the FPCO;
·
A description of who
is considered to be a school official and what is considered to be a legitimate
educational interest so that information may be shared with that individual; and
·
Information about who
to contact to seek access or amendment of education records.
Means of
notification:
·
Can include student
newspaper; calendar; student programs guide; rules handbook, or other means
reasonable likely to inform students;
·
Notification does not
have to be made individually to students.
Complaints
of Alleged Violations:Complaints of
alleged violations may be addressed to:
Family Policy
Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920
Phone: (202) 260-3887Complaints
must:
·
Be timely submitted,
not later than 180 days from the date you learned of the circumstances of the
alleged violation
·
Contain specific
allegations of fact giving reasonable cause to believe that a violation has
occurred, including:
-
Relevant dates, such as the date of a
request or a disclosure and the date the student learned of the alleged
violation;
-
Names and titles of those school
officials and other third parties involved;
-
A specific description of the education
record around which the alleged violation occurred;
-
A description of any contact with school
officials regarding the matter, including dates and estimated times of
telephone calls and/or copies of any correspondence exchanged between
the student and the school regarding the matter;
-
The name and address of the school,
school district, and superintendent of the district;
-
Any additional evidence that would be
helpful in the consideration of the complaint.
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