Fun Facts
Do college students own their rights instantly?
Yes, college students own their rights instantly. (When a student turns 18 OR enters a postsecondary institution, all privacy rights immediately transfer from the parents to the student.)
What discovery was made the same month when FERPA was placed into effect?
The world's first complete skeleton of a 3-million-year-old human ancestor (named Lucy) was discovered in Ethiopia.
Are public grades allowed?
No, public grades are not allowed. (Professors cannot leave graded exams or projects taped to an office door or on a desk for students to strain through. Every student's graded work is private.)
Who can access student records without consent if they have a legitimate educational interest?
Teachers and school staff do not always need consent to access records
School officials with a “legitimate educational interest” can often view student records without asking the student or parent.
What rights did FERPA give parents regarding their children’s education records?
FERPA gave parents the right to inspect and review records, request corrections, and control certain sharing of information.
Can you sue for a violation?
You can not sue for a violation. (Because FERPA is a funding law, individuals cannot sue a school directly for a breach. The ultimate penalty is that the institution could lose its federal funding.)
Under what circumstances can schools override privacy rules and disclose student records without consent?
Emergencies can override privacy rules
Schools may disclose records without consent in a health or safety emergency when sharing information could help protect someone.
What right does FERPA give students if they believe their education records are inaccurate?
The right to request that a school correct records they believe are inaccurate, misleading, or violate their privacy.
How has FERPA changed since it was first created?
FERPA has been updated to address issues involving technology, campus safety, and emergency information sharing while still protecting student privacy.
Are personal memories covered?
Personal memories aren't covered. (FERPA only applies to information kept in records. A professor or teacher can freely share observations or personal knowledge about a student's odd behavior in class with parents, police, or mental health professionals.)
What type of information can schools release without needing permission from a student or parent?
Schools can release certain information without permission
Information such as a student’s name, grade level, participation in activities, and honors can be shared as “directory information” unless the student or parent opts out.
At what point do FERPA rights transfer from parents to students?
Privacy and access rights transfer from parents to the student when the student turns 18 years old or enters a postsecondary institution(college) at any age. At this point, the student becomes an "eligible student".
Why did concerns about student privacy begin increasing before FERPA was created?
Concerns increased because schools were collecting and sharing student information without strong privacy protections.
Is it named after a senator?
Yes, it is named after a senator. (The law is often called the "Buckley Amendment" after its principal sponsor, Senator James Buckley.)
What types of school-related records are not covered under FERPA?
FERPA applies to educational records, not every school-related item
Personal notes a teacher keeps for themselves, law enforcement records maintained separately, and some employee records are not covered by FERPA.
What does FERPA usually require before a school can release personally identifiable student information?
FERPA generally requires schools to obtain written consent from the parent or eligible student (if the student is 18 or older).
What year was FERPA created? (Fun fact, it was made in the same year as The Godfather Part II)
1974.