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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 schoolsGenerally not subject to FERPA — they generally do not receive Department of Education funding
Private post-secondary schoolsGenerally 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.*

Licence: CC0 1.0 (public domain) · Adapted from www.cdc.gov

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