FERPA & ASSOCIATED REGULATIONS QUESTIONS WITH VERIFIED ANSWERS

FERPA Regulations - Answer Family Educational Rights and Privacy Act FERPA is: - Answer A Federal law that is administered by the Family Policy Compliance Office in the U.S. Department of Education. It applies to all educational agencies and institutions that receive funding under any program administered by the Family Policy Compliance Office U.S. Department. Where FERPA Regulations come from: - Answer 20 U.S.C. S 1232g ; 34 CFR Part 99 What happens when a student turns 18 or attends a postsecondary institution? - Answer They become a "eligible student", meaning all the rights formerly given to parents under FERPA transfer to the student. What does a student going to a postsecondary institution have a right to? - Answer To access his or her education records, the right to seek to have the records amended, the right to have control over the disclosure of personally identifiable information from the records (except in certain circumstances specified in the FERPA regulations) and the right to file a complaint with the Department. "Education records" - Answer Those records that contain information directed to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution. Improper disclosure of personal identifiable info: - Answer When derived from an officials personal knowledge, observation, or heard orally from others is not protected by FERPA. Record Keeping under FERPA: - Answer A school is not generally required to maintain particular education records or education records that contain specific information. Rather, a school is required to provide certain privacy protections for those education records that it does maintain. Also, unless there is an outstanding request by an eligible student to inspect and review education records, FERPA permits school to destroy such records without notice to the student. Student Request for review of files: - Answer FERPA dictates that a school must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request. The school has to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. Example: Student does not live in commuting distance of school.