FERPA AKA Buckley amendment, about Senator James Buckley, who supported its enactment.

FERPA includes major aspects of Fair Information Practice Principles (FIPPs), such as notice, consent, access and correction, security, and accountability.
Provides students with control over disclosure and access to their educational records
· Applies to all educational institutions that receive federal funding
· No private right to action
· Mostly preempts state laws

Provides students with the right to:
· Control the disclosure of their education records to others
· Review and seek amendment of their education records
· Receive annual notice of their rights under FERPA
· File complaints with the U.S Department of Education

Education Record: includes all records that are directly related to the student and maintained by the school or by a party on behalf of the school including financial aid records, disciplinary records, and others related to the student.

Exceptions:
· Campus police records
· Employment records
· Treatment records
· Applicant records
· Grades on peer-graded papers

Disclosure is permitted only if one of the following conditions are met:
· Info is not personally identifiable
· Info is directory info whose release the student did not block
· Consent provided by 1. The parent or 2. The student once 18 years
· A statutory exception applies such as for health or safety purposes

Personally, Identifiable Info:
· Student’s name
· Name of the student’s parent or other family members
· Student or student’s family’s address
· Personal identifiers such as SSN or student number
· Other identifiers such as D.O.B
· Other info that alone or in combo would link to the student
· Info requested by a person whom the school reasonably believes knows the identity of the student to which the education record is linked

Directory information is broadly defined by FERPA to include information that would not generally be considered an invasion of privacy or harmful if disclosed.

· FERPA does not designate specific information types as directory information for every educational institution

· It allows individual educational institutions to create their definitions based on lists of examples provided in the statute and rules laid down by the Department of Education.

· Directory info must provide students, the option to opt-out

· Students cannot use this opt-out to prevent the release of information that falls under a FERPA exception.

The regulations promulgated under FERPA specifically exclude the use of Social Security numbers or student identification numbers as directory information.

An educational institution, however, may use student identification numbers as directory information if that number cannot be used to access education records without another factor known only by the authorized user.

Valid student consent to disclosure must be signed and dated. Must also identify:
· The record to be disclosed
· The purpose of disclosure

· To whom the disclosure is being made

Student Enrolled in High School

· While the student is enrolled in high school, the parent holds the rights under FERPA so long as the student is under the age of 18.

· When the student turns 18 years old, the rights transfer from the parent to the student.

· A student may sign a written consent form to grant their parents’ permission to view their education records.

Student Enrolled in a College or University

· For a student who is attending classes at a college or university while also attending high school, the rules regarding high school attendance apply.

· Once a student is only attending a postsecondary institution, the student is the holder of the FERPA rights—regardless of age.

· When the student holds the FERPA rights, the student may sign a written consent form to grant their parents’ permission to view their education records.

Status of the Student on Their Parents’ Tax Return

Even after the rights under FERPA have transferred to the student, a school may disclose to the parents the educational records of the student—without the student’s consent—in the circumstance where the student is a dependent for tax purposes.

Disclosure Consent Exceptions:

· Disclosure to school officials with “legitimate educational interest” in the records

· Disclosure to education institutions in which the student seeks or intends to enroll, or is currently enrolled(transfers)

· Disclosure in connection with financial aid that the student has received or which the student will apply for

· Disclosure to organizations doing research studies for, or on behalf of, educational institutions

· Disclosure to accrediting organizations

· Disclosure to the alleged victim of a forcible or non-forcible sex offense

· Disclosure of info related to sex offenders

· Disclosure to a person or entity that is verified as the party that provided or created the record

· Disclosure to law enforcement or otherwise to comply with a judicial order or subpoena

· Disclosure to appropriate parties in connection with a health or safety emergency

Right to access: FERPA gives students the right to access. Schools must provide records within 45 days of request.

If denied an opportunity to fix a record, the student must be given a hearing.

Gaps in FERPA:

The general student information that falls outside the definition of FERPA has traditionally allowed schools to sell student directory information to commercial entities such as banks or credit card companies unless a parent or student opts out.

Congress addressed these concerns by passing the Protection of Pupil Rights Amendment in 1978 and the No Child Left Behind Act in 2001.