標準簡介
《家庭教育權利與隱私法》（FERPA）是 1974 年頒布的聯邦法律，又稱巴克利修正案，旨在保護學生教育記錄的隱私。該法律適用於所有接受美國教育部所管轄計畫經費的教育機構，幾乎涵蓋美國每一所公立學校及大多數大專院校。
FERPA 賦予家長查閱子女教育記錄、要求更正不準確資訊以及控制個人可識別資訊揭露的權利。當學生年滿 18 歲或進入高等教育時，這些權利轉移給學生本人。學校在發布教育記錄前必須取得書面同意，但學校官員、助學金、認證及健康安全緊急狀況等例外情形除外。執法由教育部學生隱私政策辦公室負責。
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.