FERPA Overview

The Family Educational Rights and Privacy Act protects the privacy of student education records. It applies to all schools that receive federal funding.

Key Rights Under FERPA

Parent/Guardian Rights (until student turns 18)

1. Inspect and review the student's education records
2. Request corrections to records believed to be inaccurate
3. Consent to disclosure of records to third parties (with exceptions)

Student Rights (at age 18 or upon enrollment in postsecondary)

All rights transfer from parent to the student ("eligible student").

When Can Records Be Shared WITHOUT Consent?

FERPA allows disclosure without consent to:

• School officials with legitimate educational interest
• Schools where the student is transferring
• Compliance with a judicial order or subpoena (with notice to parent)
• Appropriate parties in a health or safety emergency
• State and local authorities within the juvenile justice system

California-Specific Protections (EC §49076)

California adds additional protections:

• Defines directory information and allows parents to opt out
• Requires schools to maintain a log of all disclosures
• Limits disclosure of records related to immigration status
• Provides extra protection for records related to mental health and substance abuse

Best Practices for Deans/Counselors

1. Know what constitutes an education record — Any record directly related to a student maintained by the school
2. Secure records — Physical files locked, digital records password-protected
3. Limit sharing — Only share with those who have a legitimate educational interest
4. Document disclosures — Record who received information and why
5. When in doubt, don't share — Consult with administration or legal counsel