• Provides students with control over disclosure and access to their educational records

• Applies to all educational institutions that receive federal funding

• No private right to action

• Mostly preempts state laws

• Provides students with the right to:

• Control the disclosure of their education records to others

• Review and seek amendment of their own education records

• Receive annual notice of their rights under FERPA

• File complaints with the U.S Department of Education

• Education Record:

• includes all records that are directly related to the student and maintained by the school or by a party on behalf of the school.

• Exceptions:

• Campus police records

• Employment records

• Treatment records

• Applicant records

• Grades on peer-graded papers

• Disclosure is permitted only if one of the following conditions are met:

• Info is not personal identifiable

• Info is directory info whose release the student did not block

• Consent provided by 1. The parent or 2. The student once 18 years

• A statutory exception applies such as for health or safety purposes

• Personally Identifiable Info:

• o Student’s name o

• Name of the student’s parent or other family members o

• Student or student’s family’s address o Personal identifiers such as SSN or student number o

• Other identifiers such as D.O.B o

• Other info that alone or in combo would link to the student o

• Info requested by a person whom the school reasonably believes knows the identity of the student to which the education record is linked

• Directory info must have the option to opt out

• Valid student consent to disclosure must be signed and dated. Must also identify:

• The record to be disclosed o

• The purpose of disclosure

• To whom the disclosure is being made

• Disclosure Consent Exceptions:

• Disclosure to school officials with “legitimate educational interest” in the records o

• Disclosure to education institutions which the student seeks or intends to enroll, or currently enrolled (transfers)

• Disclosure in connection with financial aid that the student has received or which the student will apply for o Disclosure to orgs doing research studies for, or on behalf of, educational institutions

• o Disclosure to accrediting orgs

• Disclosure to alleged victim of forcible or nonforcible sex offense

• o Disclosure of info related to sex offenders

• Disclosure to a person or entity that is verified as the party that provided or created the Record

• o Disclosure to law enforcement or otherwise to comply with a judicial order or subpoena

• Disclosure to appropriate parties in connection with a health or safety emergency

• • FERPA gives student right to access. School must provide records within 45 days of request

• • If denied opportunity to fix a record, student must be given a hearing

Protection of Pupil Rights Amendment (PPRA)

Applies to all elementary and secondary schools that receive federal funding. Postsecondary schools not included.

Provides certain rights to parents of minors with regard to the collection of sensitive info from students through surveys:

▪ Political affiliation

▪ Mental and psychological problems potentially embarrassing

▪ Sex behavior and attitudes

▪ Illegal, antisocial, self-incriminating and demeaning behavior

▪ Critical appraisals of individuals

▪ Legally recognized privileged relationships

▪ Religious practices

▪ Income (other than by law to determine program eligibility)