Understanding FERPA: When Can Directory Information be Shared Without Consent?
If you are a student or a parent, you may have heard about FERPA or the Family Educational Rights and Privacy Act. FERPA is a federal law that protects the privacy of student records and ensures that educational institutions adhere to specific guidelines for sharing such information. As a parent or student, it is essential to understand your rights under FERPA so that you can make informed decisions about your education and privacy.
In this blog post, we will discuss one of the critical aspects of FERPA – the sharing of directory information without the student’s consent. We will explain what directory information is, when it can be shared, and who can access this information.
What is Directory Information?
Directory information is the type of personal information contained in a student’s educational record that is not considered harmful or an invasion of privacy if disclosed. It includes information such as name, address, telephone number, email address, date and place of birth, major field of study, attendance dates, and degrees awarded.
While FERPA allows institutions to share directory information without obtaining the student’s consent, the school must inform students of their right to opt-out of such sharing.
When Can Directory Information be Shared?
FERPA allows institutions to disclose directory information to third parties without obtaining the student’s consent, but only under specific circumstances. The following conditions must be met before directory information can be shared:
1. The school has given public notice of the directory information it has designated.
2. The student has been informed of their right to opt-out of the disclosure of directory information and given a reasonable amount of time to do so.
3. The third party receiving directory information has agreed not to disclose the information further.
4. The institution determines that the disclosure is related to a legitimate educational interest.
Who Can Access Directory Information?
Under FERPA, directory information can be shared with specific individuals or entities, including:
1. School officials with a legitimate educational interest, such as professors or administrators who need the information to perform their duties.
2. Federal or state education authorities, such as auditors or evaluators.
3. Organizations conducting studies for or on behalf of educational institutions.
4. Accrediting organizations.
It is worth noting that FERPA does not permit institutions to disclose directory information to third-party recruiters for employment purposes. Institutions must obtain the student’s written consent before sharing such information.
Conclusion
FERPA is an essential law that safeguards the privacy of student records. Understanding your rights under FERPA is vital to protect your educational information and privacy. While institutions can share directory information without obtaining consent, they must follow strict guidelines, including notifying students of their rights, ensuring the third-party receiving the information agrees to maintain confidentiality, and sharing the information only when it is related to a legitimate educational interest. As a parent or student, always be vigilant about your rights and challenge any violations under FERPA.
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