FERPA
Family Educational Rights and Privacy Act of 1974
Standard Introduction
The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974, also known as the Buckley Amendment, that protects the privacy of student education records. It applies to all educational institutions that receive funds under any program administered by the U.S. Department of Education, covering virtually every public school and most colleges and universities in the United States.
FERPA grants parents the right to access their children’s education records, request corrections to inaccurate information, and control the disclosure of personally identifiable information. When students turn 18 or enter post-secondary education, these rights transfer to the student. Schools must obtain written consent before releasing education records, with limited exceptions for school officials, financial aid, accreditation, and health/safety emergencies. Enforcement is handled by the Student Privacy Policy Office within the Department of Education.
Student Record Privacy
Protects the privacy of student education records at all public and private schools receiving federal education funding.
Parental & Student Rights
Grants parents (and students over 18) the right to access, review, and request amendments to education records.
Disclosure Controls
Requires written consent before disclosing personally identifiable information from education records, with specific exceptions for school officials and emergencies.
list_alt Core FERPA Provisions
- Right to inspect and review education records
- Right to request amendment of inaccurate records
- Written consent required before disclosure
- Directory information opt-out rights
- Transfer of rights at age 18 (eligible students)
- Exceptions for school officials with legitimate interest
- Annual notification requirement to parents/students
Who Needs to Comply?
Any public or private educational institution (K-12 and post-secondary) that receives funds under any program administered by the U.S. Department of Education. This includes virtually all public schools and most colleges and universities.
Key Requirements
Annual Notification
Schools must annually notify parents and eligible students of their FERPA rights, including the right to inspect records, request amendments, consent to disclosures, and file complaints.
Written Consent for Disclosure
Schools must obtain signed, written consent from the parent or eligible student before disclosing personally identifiable information from education records, specifying which records, to whom, and for what purpose.
Record Access Rights
Schools must provide parents or eligible students access to education records within 45 days of a request. Schools must respond to reasonable requests for explanation and interpretation of records.
Amendment Process
Schools must consider requests to amend records believed to be inaccurate or misleading. If the school declines, it must inform the requestor of the right to a formal hearing.
Penalties & Enforcement
The ultimate penalty is loss of all federal education funding. In practice, the Department of Education has never imposed this penalty; enforcement is handled through the Student Privacy Policy Office via investigations, compliance reviews, and corrective action plans.
Official Documentation
FERPA Regulations (34 CFR Part 99)
External Link • ecfr.gov • Full Regulatory Text
Student Privacy Portal
External Link • studentprivacy.ed.gov • Official FERPA Information
Student Privacy Resources
External Link • studentprivacy.ed.gov • Guidance & Compliance Tools