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 students’ education records (records that contain information directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution).
FERPA provides 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 eighteen (becomes an “eligible student”) or attends a school beyond the high school level. Under FERPA, parents and eligible students have: 1) the right to inspect and review students’ education records maintained by the school; and 2) the right to request that a school correct the student’s education record if he or she believes information is inaccurate or misleading. If the school refuses to amend the student’s education record, the parent or eligible student may request a hearing. After the hearing, if the school upholds its decision not to amend the student’s education record, the parent or eligible student may place a statement with the record setting forth his or her view regarding the contested information.
Generally, schools must have written consent from the parent or eligible student to release information from a student’s education record; however, FERPA allows disclosure to certain parties without written consent under certain conditions, to include persons with legitimate educational interest. Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Prior to disclosing this information, however, schools must inform parents and eligible students regarding directory information and allow them a reasonable time to “opt out” (request that the school not disclose the information).
FERPA does not govern retention or disposition of education records. South Carolina public schools must comply with the South Carolina Department of Archives and History’s General Records Retention Schedules for School District Records.
The United States Department of Education’s Family Policy Compliance Office provides helpful resources regarding FERPA, including the FERPA regulations, a parent’s guide, and procedures for filing a complaint regarding alleged failures to comply with FERPA.
For additional information regarding FERPA, contact the South Carolina Department of Education’s ombudsman, Jennifer Austin, at 803-734-8485.
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