FERPA – Family Educational Rights and Privacy Act

FERPA (Family Educational Rights and Privacy Act) is a US federal law enacted in 1974 that protects the privacy of student education records. It applies to all educational institutions receiving federal funding and governs access to and disclosure of student records.

• Parental rights: Parents have the right to inspect and review their child's education records and request corrections of inaccurate entries.
• Transfer of rights: Rights transfer to the student upon reaching age 18 or upon attending a postsecondary institution.
• Consent requirement: Written consent is generally required before disclosing education records to third parties.
• Exceptions: Disclosures without consent are permitted to other schools, education authorities, and in health/safety emergencies.

FERPA was enacted by the US Congress in 1974 and signed into law by President Gerald Ford. The legislation emerged in response to growing concerns about unregulated access to student records by school authorities, employers, and government agencies. Senator James L. Buckley of New York was the principal sponsor of the legislation, which became known as the 'Buckley Amendment'. Senator Claiborne Pell co-sponsored major amendments enacted in December 1974.

Over the decades, FERPA was amended several times, notably by the USA PATRIOT Act (2001), which permitted disclosure of education records to the Attorney General via ex parte court orders in terrorism investigations, without the consent or knowledge of the student, and by subsequent amendments clarifying handling of digital education data and cloud services. As education became increasingly digitized, questions around FERPA applicability to learning management systems and EdTech platforms sparked significant debate. In April 2025, the US Department of Education issued a Dear Colleague letter reinforcing FERPA obligations regarding parental rights and safety-related disclosures.

FERPA applies to all educational agencies and institutions receiving funds from programs administered by the US Department of Education, including public schools, state universities, and many private colleges. Protected records include:

• Grades and transcripts
• Attendance records
• Financial information
• Disciplinary records
• Personal identification data

Not covered are records held solely by the teacher, employment records of students unrelated to their student status, and law enforcement unit records at educational institutions.

• Right to inspect: Parents and eligible students must be granted access to records within 45 days of request.
• Right to amend: Right to request correction of inaccurate or misleading record entries.
• Consent requirement: Written consent required before disclosing personally identifiable information from education records to third parties.
• Annual notification: Institutions must notify parents/students annually of their FERPA rights.
• Directory information: Institutions may publish certain directory information (name, address, phone) if an opt-out right is provided.
• Sanctions: The US Department of Education may terminate federal funding for non-compliant institutions.

1 correction:
- History: 'James Pucinski' is incorrect — person does not exist as FERPA driver
5 clarifications.
2 notes.