The Family
Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA)
affords parents and students over 18 years of age (“eligible students”) certain
rights with respect to the student’s education records. These rights are:
- The
right to inspect and review the student’s education records within 45 days
of the day the school receives a request for access. Parents or eligible students should
submit to the school principal a written request that identifies the
record(s) they wish to inspect.
The school principal will make arrangements for access and notify
the parent or eligible student of the time and place where the records may
be inspected.
- The
right to request the amendment of the student’s education records that the
parent or eligible student believes are inaccurate or misleading. Parents or eligible students may ask
the school to amend a record that they believe is inaccurate or
misleading. They should write the
school principal, clearly identify the part of the record they want
changed, and specify why it is inaccurate or misleading. If the school decides not to amend the
record as requested by the parent or eligible student, the school will
notify the parent or eligible student of the decision and advise them of
their right to a hearing regarding the request for amendment. Additional information regarding the
hearing procedures will be provided to the parent or eligible student when
notified of the right to a hearing.
- The
right to consent to disclosures of personally identifiable information
contained in the student’s education records, except to the extent that
FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is
disclosure to school officials with legitimate educational interests. A school official is a person employed
by the school as an administrator, supervisor, instructor, or support
staff member (including health or
medical staff and law enforcement unit personnel); a person serving on the
school board; a person or company with whom the school had contracted to
perform a special task (such as an attorney, auditor, medical consultant,
or therapist); or a parent or student serving on an official committee,
such as a disciplinary or grievance committee, or assisting another school
official in performing his or her tasks.
A school official has a legitimate educational interest if the
official needs to review an education record in order to fulfill his or
her professional responsibility.
- The
right to file a complaint with the U.S. Department of Education concerning
alleged failures by the school to comply with the requirements of
FERPA. The name and address of the
office that administers FERPA are:
Family Policy Compliance Office, U.S. Department of Education, 400
Maryland Ave., S.W., Washington, DC 20202-4605.