Family Educational Rights and Privacy Act (FERPA)
FERPA - Is it contagious? No, of course not, but you will be hearing about it at college.
What is FERPA and why am I just hearing about this now?
The Family Education Rights and Privacy act 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. When a student turns 18 or when the student attends a school beyond high school they become an “eligible student” and receive the rights protected under FERPA which were previously bestowed to the parent.
How does this affect interactions with accessing my child’s records at colleges?
Colleges will require permission from the student before releasing information about education records to others including the student’s parents. This may cause parents frustration and stress when they try to access student grades, credits hour totals, grade point averages, student conduct files, class schedules, or any education record not included in the directory information provided to the public by the college. Many institutions may permit students to provide a PIN or passphrase that gives consent for their education records to be shared with anyone the student has shared the information to. Or, institutions may require instead a signed waiver from the student granting permission for the information to be shared. Federal funding for the institution, whether they are a private or public school, is tied to being in compliance with FERPA. Because of this, institutions strictly adhere to FERPA.
How can I speak to administrators about my child’s situation without violating FERPA?
Administrators can discuss the typical practices and protocols as it relates to students without discussing your child’s specific situation. For example a university Student Conduct officer cannot talk about a specific student case, but the officer can explain how a student is given notice of the hearing, what information is included in reports, how long meetings usually take, what a student’s rights are, and whether parents may or may not attend hearings, and similar issues. So in this way you can probably have your questions answered without speaking about any of the specifics of your child’s case. Also, the differences between what the officer tells you and what your student has told you is fertile ground for discussion with your son or daughter.
Are there any exceptions to FERPA?
While there are other exceptions, the two most frequent examples include the following:
● If a student is involved in a health or safety emergency, parents/guardians may be contacted. This may include violations related to underage drinking or other drugs. A health emergency may also include issues of mental health emergencies related to depression or anxiety.
● School officials are permitted to share information with other school officials within the college or university without permission if there is deemed to be a “legitimate educational interest” usually in order to perform their duties.
For more information regarding FERPA, go to this link at the Department of Education.