Family Educational Rights & Privacy

Schools that receive funds from a program of the United States Department of Education are required to protect student education records*.

Rice Law attorneys provide consultation and guidance to colleges and universities regarding Family Educational Rights and Privacy Act (FERPA) requirements and compliance for:

• Granting access to student records
• Amending\correcting student records
• Releasing education records

*According to the Family Educational Rights and Privacy Act (FERPA; 20 U.S.C. 1232g; 34 CFR Part 99).

Access to Student Records

Upon request, schools must allow parents and eligible students to inspect and review the student's education records.

Corrections to Student Records

If the parents and student believe there is an inaccuracy or misleading information in the records, they can request that the school correct the student's records. A formal hearing is required if the school chooses not to amend the records. However, the school can still decide to not amend the records after the hearing. If such case, the parents or student can place a statement in their record detailing their point of view.

Releasing Education Records

FERPA allows schools to disclose a student's educational records, without parental or student consent, to the following:

• Accrediting organizations
• Individuals involved in connection with financial aid for the student
• Individuals receiving the records as requested by a judicial order or lawfully issued subpoena
• Officials for audit or evaluation purposes
• Officials in cases of health and safety emergencies
• Organizations conducting studies on behalf of the school
• School officials with legitimate educational interest
• Schools to which the student is transferring
• State and local authorities within a juvenile justice system pursuant to State law

Information disclosed to the above includes the following student information:

• Name, address, and phone number
• Date and place of birth
• Honors and awards
• Dates of attendance

FERPA requires that schools communicate the directory information to parents and eligible students, allowing them to request nondisclosure of the student's information. The means of communication isn't specified in FERPA; each school is allowed to notify parents and students in the way they see fit.