Family Educational Rights and Privacy Act (FERPA)
Family Educational Rights and Privacy Act (FERPA) (1974)
1) Link to the Text of the Act
Read the statute (20 U.S.C. § 1232g)
2) Why It Was Done
FERPA was enacted to protect the privacy of student education records and to give parents (and later students themselves) rights to access and control disclosure of those records.
3) Pre-existing Law or Constitutional Rights
Before FERPA, student record privacy was handled inconsistently at the state and local levels. FERPA established nationwide standards for privacy in federally funded schools.
4) Overreach or Proper Role?
Supporters see FERPA as an essential safeguard for student privacy. Critics argue that overly strict interpretations sometimes prevent reasonable information sharing among schools, parents, and law enforcement.
5) Who or What It Controls
- Educational institutions receiving federal funding
- Parents and eligible students (over 18 or postsecondary) gain rights to review and request amendment of records
- Third parties (limits on disclosure without consent)
6) Key Sections / Citations
- 20 U.S.C. § 1232g
- Regulations: 34 C.F.R. Part 99
7) Recent Changes or Live Controversies
- Expanded exceptions for school officials, health and safety emergencies, and directory information
- Ongoing debates about FERPA’s role in modern digital learning platforms and data privacy
8) Official Sources