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FERPA (Family Educational Rights and Privacy Act)
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FERPA and Financial Records
Under FERPA, financial records of the student's parents are not considered education records, hence not protected by FERPA.
Annual Notification
Educational institutions must annually notify students of their rights under FERPA. This notification must include information regarding the right to consent to disclosures, the right to file complaints with the Department of Education, etc.
Age or Status for FERPA Rights
FERPA rights transfer from parents to the student once they turn 18 or attend a school beyond the high school level.
FERPA Compliance
To comply with FERPA, an institution must establish a written institutional policy governing the access to and disclosure of education records.
FERPA and Law Enforcement Records
Records created and maintained by a law enforcement unit for law enforcement purposes are not education records and are excluded from the protections of FERPA.
Right to File a Complaint
Under FERPA, students have the right to file a complaint with the Department of Education concerning alleged failures by the educational institution to comply with the requirements of FERPA.
FERPA and School Officials
School officials with a legitimate educational interest in a student's records are allowed access without consent under FERPA. This interest must pertain to the official’s duties.
Rights under FERPA
FERPA grants students the right to access their education records, seek to have the records amended, and have some control over the disclosure of personally identifiable information.
Definition of Educational Records
Educational records are records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution.
FERPA and Health or Safety Emergency
FERPA permits the disclosure of information from education records without consent when there is a health or safety emergency that necessitates disclosure.
Consent for Disclosure
FERPA requires written consent from the student or eligibility under certain exceptions before an educational institution can disclose personal information from education records.
Directory Information
Directory information can be released without consent and may include items like a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance.
Amendment of Records
Students are allowed to request an amendment of their education records if they believe the records contain information that is inaccurate, misleading, or in violation of their privacy rights.
FERPA Exclusions
Certain records are excluded from FERPA protection, such as personal notes of staff and faculty (if kept personal and private and not disclosed to third parties), and alumni records (which pertain to an individual after they are no longer a student).
FERPA Violation Consequences
Possible consequences for FERPA violations include loss of federal funding. However, there are no provisions in FERPA for lawsuits against an institution for alleged violations.
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