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The Family Educational Rights and Privacy Act (FERPA), enacted in 1974,
protects the privacy of student education records. It applies to **any public
or private elementary, secondary or post-secondary school**, and to **any state
or local education agency receiving funds under an applicable US Department of
Education programme.**
Funding is what triggers it, and that produces a split people do not expect.
Who is covered, and who is not
| Parochial and private elementary and secondary schools | Generally not subject to FERPA — they generally do not receive Department of Education funding |
| Private post-secondary schools | Generally are subject to FERPA — they generally do receive it |
So a family's records may be protected by federal law at university and not at
the private school the same child attended at fourteen.
Schools that do not comply risk losing federal funding — which is the
enforcement mechanism, and also the reason the unfunded schools fall outside
it.
What parents and eligible students can do
- Inspect and review the student's education records. Schools need not
provide copies unless reviewing the originals is impossible — for example if
the family lives far away - Request a correction of records they believe inaccurate or misleading. If
the school refuses, they have the right to a formal hearing — and if the
school still refuses after that, the right to **place a statement with the
record** explaining their view of the contested information - Stop the release of personally identifiable information
- Get a copy of the institution's policy on access to education records
The statement-with-the-record right is the interesting one: where the school
will not change what it wrote, the family's disagreement travels with the file
permanently.
**Schools need written permission to release any information from a student's
education record** — with defined exceptions under which disclosure is
permitted without consent.
*Source: Centers for Disease Control and Prevention, Public Health Law
Program.*
Licens: CC0 1.0 (offentligt eje) · Bearbejdet efter www.cdc.gov
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