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Family Educational Rights and Privacy Act (FERPA)

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Summary

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Family Educational Rights and Privacy Act (FERPA) consent is a law that protects the privacy of student education records. Parents have to give permission for schools to share their child’s records with others.

Frequently Asked Question

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What rights do students and parents have under FERPA?

Under FERPA, students and their parents have the right to inspect and review the student’s education records, to request that inaccurate information be corrected, and to control the disclosure of their personal information. Additionally, students have the right to opt out of having directory information disclosed without their consent, and to file a complaint with the U.S. Department of Education if they believe their rights under FERPA have been violated. These rights help ensure that students and their families have control over their education records and personal information, and help protect their privacy.

What types of information are protected under FERPA?

FERPA protects “education records,” which are defined as records that are directly related to a student and maintained by a school or by a party acting for the school. This includes a wide range of information, including grades, transcripts, disciplinary records, personal information, and more. FERPA helps ensure that this information is kept confidential and only disclosed with the consent of the student or their parents.

Are there any exceptions to FERPA's confidentiality requirements?

Yes, there are certain circumstances in which schools may disclose education records without consent. For example, schools may disclose information to school officials with a legitimate educational interest, such as teachers or administrators. Additionally, schools may disclose information to comply with a subpoena or court order, or in cases of health and safety emergencies. However, in all cases, the disclosure must be limited to only what is necessary and the school must take steps to protect the student’s privacy.

Scientific Definition

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The Family Educational Rights and Privacy Act (FERPA) consent is a federal law that grants parents the right to access their children’s education records and control who else can access them. This consent ensures that schools obtain parents’ written permission before disclosing any personally identifiable information from a student’s education record. According to the U.S. Department of Education, FERPA aims to protect the privacy and accuracy of education records.

Helpful Resources

Video Explanation

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Real World Example of Family Educational Rights and Privacy Act (FERPA)

Lisa, a 9-year-old girl with autism, has an Individualized Education Plan (IEP) at her school. Her parents use FERPA consent to ensure her information is shared appropriately.

  • Request: Lisa’s school asks for permission to share her IEP with a new therapist.
  • Consent: Her parents review the request and provide written consent.
  • Protection: The school securely shares the information with the therapist.
  • Result: Lisa receives the support she needs while her privacy is protected.

Using FERPA consent, Lisa’s parents control who accesses her education records, ensuring her privacy and proper support.

How Does Family Educational Rights and Privacy Act (FERPA) Work?

FERPA consent manages and protects a student’s education records. Here are some examples of how it is applied:

  • Access: Parents can review their child’s education records.
  • Permission: Schools must get written consent before sharing records.
  • Protection: Ensures privacy and security of student information.
Action Description
Access Parents review education records
Permission Schools get written consent to share records
Protection Ensures privacy and security of information

FERPA consent helps parents protect their child’s educational information and ensures it is shared responsibly.

 

This post was originally published on Feb. 7, 2023. It was updated on May 24, 2024.