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US Privacy Law

FERPA (Family Educational Rights and Privacy Act)

FERPA protects the privacy of US student education records. Students (or parents of minors) have the right to access, inspect, and request corrections to their records, and schools cannot release them without consent.

Legal Definition

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g; 34 C.F.R. Part 99) protects the privacy of student education records at schools that receive federal funding. FERPA applies to most public and private schools at all levels. Key rights: - **Right to inspect**: Eligible students (18+ or enrolled in postsecondary institution) or parents of minor students may inspect and review their education records within 45 days of request. - **Right to request amendment**: If a student believes a record is inaccurate or misleading, they may request the school amend it. If the school refuses, the student has the right to a hearing. - **Right to consent**: Schools must have written consent before disclosing personally identifiable information from education records, with limited exceptions (school officials with legitimate educational interest, federal/state authorities, judicial order, etc.). - **Directory information**: Schools may release 'directory information' (name, address, dates of attendance) unless the student has opted out. Complaints about FERPA violations are filed with the DOE Family Policy Compliance Office. Schools can lose federal funding for serious violations.

📖 Constitutional / Statutory Basis: Family Educational Rights and Privacy Act (20 U.S.C. § 1232g); 34 C.F.R. Part 99

Practical Example

A college student's GPA is disclosed by the financial aid office to a potential employer without her written consent. This violates FERPA. She files a complaint with the DOE Family Policy Compliance Office.

Frequently Asked Questions

At what age do FERPA rights transfer from parents to students in the US?
At age 18 or when the student attends a postsecondary institution (college/university), whichever comes first. After that, only the student — not parents — controls access to education records, unless the student gives consent or is a dependent for tax purposes.
Does FERPA apply to private schools in the US?
FERPA applies to all educational institutions that receive federal funding, including most private schools and colleges. However, a private school that receives no federal funding is not covered by FERPA.

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