The Family Education Rights and Privacy Act:

Protection From Unauthorized Disclosure of Student Records

Student education records are official and confidential documents protected by the Family Educational Rights and Privacy Act (FERPA, also known as the Buckley Amendment). Pursuant to FERPA, information about students can be released only for specific and legally defined purposes. Generally, in order for records to be disclosed, parents must consent to such disclosure. However, there are some exceptions:

1. Teachers and school officials who work with the students may usually have access to education records without prior consent of the parent;

2. Information from students' records may be reviewed by local, state, or federal officials conducting audits or reviewing compliance with laws;

3. Schools do not require the consent of parents in order to respond to subpoenas or court orders. (However, schools must make reasonable efforts to notify parents before complying with subpoenas unless the subpoena provides otherwise.)

4. Schools can provide information in emergencies in order to protect health or safety.

Note that parents have the right to review student records maintained by schools and maintained by state agencies. This right applies to both custodial and noncustodial parents (unless a court order or state law revokes this right, and in the case of a court order, a copy of the order must be provided to the school by the parent wishing to restrict the access of the other parent). Once a student reaches the age of 18, FERPA rights transfer to them.

FERPA defines education records as virtually any record, whether recorded in handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. Examples are as follows:

1. Date and place of birth, parent(s) and/or guardian addresses, and where parents can be contacted in emergencies;

2. Grades, test scores, courses taken, academic specializations and activities, and official letters regarding a student's status in school;

3. Special education records;

4. Disciplinary records (except that schools can share information about disciplinary actions with officials from other schools);

5. Medical and health records created, collected, or maintained by the school;

6. Records of attendance, schools attended, courses taken, awards, and degrees; and

7. Personal information (student identification code, social security number, picture, or other information that assists in identifying or locating students).

Note that the personal notes of teachers, administrators, etc. are not considered educational records if they are not shared with others.

FERPA applies to more than just schools. Its rules apply to records maintained by parties acting on behalf of schools, including state and local education agencies, specialists, researchers, psychologists, medical practitioners, and others who work for or are contracted by schools.