Understanding FERPA: Which Information Can and Cannot Be Disclosed

Understanding FERPA: Which Information Can and Cannot Be Disclosed

As an educational institution, you may find yourself having to deal with various individuals seeking information about students. However, the Family Educational Rights and Privacy Act (FERPA) stipulates that access to students’ records be controlled and records cannot be disclosed without the students’ consent. In this article, we will delve deeper into FERPA, discussing what information can and cannot be disclosed.

What is FERPA

FERPA 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. Under this law, schools must obtain written consent from parents or eligible students (those who are 18 years or older, or who have enrolled in a post-secondary institution) before disclosing any personally identifiable information.

What information is protected under FERPA

FERPA protects a wide range of information that could be used to identify a student. At the fundamental level, a student’s name, address, social security number, date, and place of birth, and biometric records are protected. Beyond that, all other records, files, documents, and communications are also protected. These include the student’s enrollment and attendance records, test scores, grades, and disciplinary records.

What information can be disclosed

FERPA allows schools to disclose certain information without the student’s consent. These include:

• Directory information such as name, address, email, phone numbers, date and place of birth, enrollment status, degrees and awards, and participation in sports or other school activities
• Information required by federal law to be disclosed, such as in compliance with a court order or subpoena, or in cases involving health and safety emergencies
• Information shared with school officials with a legitimate educational interest in the information
• Information disclosed to parents of a student who is regarded as a dependent for federal tax purposes

What information cannot be disclosed

FERPA prohibits the disclosure of personally identifiable information to individuals or entities without the written consent of the student. This generally includes information that could lead to the identification of a student, such as grades, social security numbers, and disciplinary records.

Certain organizations, such as financial institutions and insurance companies, may request access to students’ information for specific purposes such as offering loans or insurance coverage. However, schools must ensure that the disclosure of any such information complies with the provisions of FERPA.

Conclusion

FERPA is a crucial law that ensures the privacy of students’ education records. As a school, it is essential to understand what information can and cannot be disclosed without the student’s consent. For any questions, it’s always best to consult with legal counsel or the Department of Education’s Privacy Technical Assistance Center for guidance. By adhering to the regulations stipulated by FERPA, schools can maintain the trust and confidence of students and parents, and ensure they are fully protected under the law.

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