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The Family Educational Rights and Privacy Act (FERPA)
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The federal Family Educational Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment) provides a postsecondary student the right to inspect his or her education records and establishes conditions concerning the disclosure of those records to third parties. Although the act does not specifically require that information security be implemented, the protection of electronic student records will require information security covering the student records subject to this federal law.

The regulations provide that educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education must provide students with access to their education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. With several exceptions, schools must have a student's consent prior to the disclosure of education records. Examples of situations affected by FERPA include school employees divulging information to anyone other than the student about the student's grades or behavior, and school work posted on a bulletin board with a grade.

This privacy policy also governs how state agencies transmit testing data to federal agencies. One of the most popular/familiar example is

Education Data Network.

The Education Data Exchange Network (EDEN) is a set of K-12 (K–12 is a designation for the sum of primary and secondary education. It is used in the United States, Canada, and some parts of Australia)statistical reports gathered from state agencies by the US Department of Education. The law allows students who apply to an educational institution such as graduate school permission to view recommendations submitted by others as part of the application. However, on standard application forms, students are given the option to waive this right.
FERPA specifically excludes employees of an educational institution if they are not students. The act is also referred to as the Buckley Amendment, named for one of its proponents, Senator James L. Buckley of New York.
  • Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is not possible for parents or eligible students to review the records. Schools may charge a fee for copies.
  • Parents or eligible students have the right to request that a school correct records which they believe to be erroneous or deceptive. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
  • Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  1. School officials with legitimate educational interest;
  2. Other schools to which a student is transferring;
  3. Specified officials for audit or evaluation purposes;
  4. Appropriate parties in connection with financial aid to a student;
  5. Organizations conducting certain studies for or on behalf of the school;
  6. Accrediting organizations;
  7. To comply with a judicial order or lawfully issued subpoena;
  8. Appropriate officials in cases of health and safety emergencies; and
  9. State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

http://epic.org/privacy/education/ferpa.html

 

 

   
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