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Written by Jennifer Rainville, Education Policy Attorney at SC Appleseed
I had a discussion with Bridget Brown, Executive Director of SC Appleseed, in January about FERPA. She said something brilliant to me that made a lot of sense. We are living in a world of “could” and “should.” In this blog I am going to cover what should happen, what the law says and what is the established guidance. However, we all need to be prepared that what could happen may be very different.
What is FERPA?
The Family Education Rights and Privacy Act or FERPA is a federal law that provides parents with certain rights regarding their child’s education rights. Under FERPA parents hold educational rights for their student until the student turns 18 or the student is enrolled in college. Once a student turns 18 or attends college the rights detailed under FERPA pass to the student.
Under FERPA, student’s educational records are confidential, and parents must give consent for the disclosure of educational records. FERPA applies to schools that receive funding from any program administered by the US Department of Education. This means that private K-12 schools are typically not subject to FERPA. Students with disabilities also have additional protections under Part B of IDEA. If you want to learn more about these protections, you can visit this resource: https://studentprivacy.ed.gov/resources/ferpaidea-crosswalk
So, What Does FERPA Cover?
Access to Education Records
Parents have the rights to access and inspect the educational records of their student within a reasonable time. The law says that this must happen within 45 calendar days of a parent’s request.
Amendment of Education Records
Under FERPA, parents have the ability to amend or correct the educational record of the student. If they believe that the record is inaccurate, misleading, or in violation of their rights to privacy. If the school refuses to amend the record in question the parent has a right to a hearing and the right to insert a statement into the record stating, why they disagree with the record or decision. That statement must remain with the contested part of the educational record for as long as that record is maintained.
Disclosure of Education Records
Schools have a duty to keep educational records of students confidential but there are some important exceptions that you need to be aware of. Schools can release directory information to third parties without the consent of parents.
Directory information is typically the student’s name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent or previous educational agency attended by the student. Parents can opt out to the sharing of directory information. Each school district has their own form that parents can use to opt out of directory information.
Here is a link to the South Carolina Department of Education sample form for opting out:
https://ed.sc.gov/newsroom/school-district-memoranda-archive/powerschool-ecollect-testing-essa-requirements-and-directory-information/directory-and-military-information-opt-out-form-attachment/
Individual school districts should have policies about what information is considered directory information and what can be disclosed. So, you should check your individual school district’s policy about what they consider directory information.
Typically, parents are given this form at the beginning of the school year during registration. We encourage you to look at your district’s policy to see what information they consider directory information and how that information is used to make an informed decision about whether you should opt out of directory information sharing.
Schools of course must comply with valid judicial order or lawfully issued subpoena to release student information or in the event of a “health or safety emergency.” Under the health and safety emergency must be related to and actual, impending or imminent emergency such as a natural disaster, terrorist attack, campus shooting, or the outbreak of an epidemic disease.
If you would like more information on FERPA, please visit https://studentprivacy.ed.gov
Further reading:
What is Title 1?
The Problem with Funding Private Schools with Public Dollars
What is IDEA?
