Confidentiality

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. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 

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. 

Education records include: any records related directly to the student or that indicate personally identifiable information, any records maintained by an educational agency or institution

Personally identifiable information includes, but is not limited to: 

• • • The student’s name. 

    • The name of the student’s parent or other family members. 

    • The address of the student or student’s family. 

    • A personal identifier, such as the student’s social security number, student number, or biometric record. 

    • Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name. 

    • Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty. 

    • Be Aware: “Other information” could include identifiable behavior, specific phrases or sounds the student makes, etc. Don’t discuss students with individuals who are not directly involved with a particular aspect of a student’s educational plan. 

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. 

Source: U.S. Department of Education Laws & Guidance