The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records, providing certain rights to parents [or students age 18 and older], to review the records, request amendments and give permission to share student information.  Generally, schools must have written permission from the parent or eligible student in order to release any information from the student's education record, unless one the the exceptions to the general consent rule applies.  For instance, records may be released without consent to appropriate officials in cases of health and safety emergencies. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. The Family Policy Compliance Office is available to answer questions and for technical assistance: Family Policy Compliance

Emergency Preparedness Guidelines - information for schools and parents.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
• Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest;
     
  • Other schools to which a student is transferring;
     
  • Specified officials for audit or evaluation purposes;
     
  • Appropriate parties in connection with financial aid to a student;
     
  • Organizations conducting certain studies for or on behalf of the school;
     
  • Accrediting organizations;
     
  • To comply with a judicial order or lawfully issued subpoena;
     
  • Appropriate officials in cases of health and safety emergencies; and
     
  • Federal, State, and local authorities within a juvenile justice system pursuant to specific State law, as well as military recruiters.**

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent's prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks.

** However, two federal laws require local educational agencies (LEAs) receiving assistance under the Elementary and Secondary Education Act of 1965 (ESEA) to provide military recruiters, upon request, with three directory information categories - names, addresses and telephone listings - unless parents have advised the LEA that they do not want their student's information disclosed without their prior written consent.  These laws are: Section 9528 of the ESEA (20 U.S.C. 7908), as amended by the No Child Left Behind Act of 2001 (P.L. 107-110), the education bill, and 10 U.S.C. 503, as amended by section 544, the National Defense Authorization Act for Fiscal Year 2002 (P.L. 107-107), the legislation that provides funding for the Nation's armed forces.

For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.  For quick, informal responses to routine questions about FERPA, sch

Or you may contact us at the following address:

Family Policy Compliance Office
U.S. Department of Education - FERPA Information
400 Maryland Avenue, SW
Washington, D.C. 20202-5920