FERPA

Family Educational Rights and Privacy Act

FERPA (Public Law 93-380, Buckley Amendment) gives parents of students under age 18 as well as those over 18 who are still in school, the right to examine records kept in the student’s file.

  • Parents and eligible students have the right to review and have a copy of their child’s educational records for their own records.
  • Parents and eligible students have the right to have records explained and interpreted by school officials.
  • School officials may not destroy any records if there is an outstanding request to inspect and review them.
  • Parents and eligible students who believe that if information contained in the education records is inaccurate, misleading, or a violation of any rights of the student may request that the records be changed.

HEARINGS

If the school decides that the records should not be changed, the parent or eligible student must be advised of his/her rights to a hearing. The hearing is:

  • to be held within a reasonable period of time with the parent or eligible student given advance notice of the date, place, and time;
  • to be conducted by a party who does not have a direct interest in the outcome of the hearing;
  • at the hearing, the parent of the eligible student has the right to present evidence and be represented by individuals of his/her choice;
  • the decision of the hearing is to be in writing, and the decision can be based only on the evidence presented at the hearing.

RECORDS

A school may release certain kinds of educational records to educational and other social services agencies without permission from the parents of eligible student. A record containing information regarding requests for records must be maintained with the student’s files. This information can be inspected by the parent or eligible student.

NOTICE

Each school district or institution must give parents of students ina ttendance, or students age 18 or over, an annual notice to inform them of:

  • school or institution policy and procedure in providing the rights and protections of P L 93-380.
  • the school’s responsibility for communicating with parents and/or student having a primary language other than English.