Family Educational Rights and Privacy Act (FERPA): Frequently Asked Questions (page 3)

1. What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.

2. How am I informed about my rights under FERPA?

Educational agencies and institutions are required to notify parents and eligible students about their rights under FERPA. Section 99.7 of the FERPA regulations sets forth the requirements for the notification and there is a model notification on this Web site. Schools do not have to individually notify parents and eligible students but do have to notify them by any means that are reasonably likely to inform the parents or eligible students of their rights.

3. Under what circumstances may a school disclose information from education records without consent?

There are several exceptions to FERPA’s general prior consent rule that are set forth in the statute and the regulations. See § 99.31 of the FERPA regulations. One exception is the disclosure of “directory information” if the school follows certain procedures set forth in FERPA. [34 CFR § 99.31(a)(11)]

4. What is “Directory Information?”

FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, “directory information” includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. A school may disclose “directory information” to third parties without consent if it has given public notice of the types of information which it has designated as “directory information,” the parent’s or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as “directory information.” The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook. The school could also include the “directory information” notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37)