FERPA, also known as the Buckley Amendment, is a US federal law that protects the privacy of student education records. It ensures that parents have access to their children's records and limits access without parental consent. FERPA defines directory and non-directory information and regulates access to and disclosure of student records. It applies to schools that receive federal funding and establishes students' rights regarding their educational records.

1. FERPA
William Allan Kritsonis, PhD

2. Purpose of FERPA
• The Family Education Rights and Privacy Act of
1974 (FERPA)
– Ensures that parents have access to their
children’s educational records
– Protects the privacy rights of
parents and children by limiting
access to these records without
parental consent.
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3. What is FERPA
• A federal law that protects the privacy of student
education records.
• Also known as the Buckley Amendment
• FERPA deals with:
– Access to educational records
– Parental right to inspect and review
records
– Amendment of records
– Destruction of records
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4. The Buckley Amendment
• This act is enforced to guarantee the
rights of citizens, but especially to protect
students in whom the federal government
has made a significant investment.
• Toward these ends, the FERPA
act mandates that schools must
"annually" and "effectively" notify
current students of their federally
affirmed rights.
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5. Who does FERPA apply to
FERPA applies to all agencies and
institutions that receive federal funds,
including elementary and secondary
schools, colleges and universities.
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6. Educational Records
• There are two types of educational records
defined under FERPA.
– Directory Information
• Can be disclosed without the written
consent of the student
• Release can be restricted with formal
request.
– Non-directory information
• Cannot be released to anyone without
prior written consent of the student.
• Faculty and staff can access with
• legitimate academic need.
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7. What’s Included
• Directory Information • Non-Directory Information
– Name – Social security numbers
– Address – Student identification
– Phone number and email number
address – Transcripts
– Dates of attendance – Gender
– Degree(s) awarded – Race
– Enrollment status
– Major field of study
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8. Landmark Case
• Gonzaga University v. Doe (2002):
– Court noted that individuals cannot
sue for damages for FERPA violations.
The punishment for violations, noted
the Court, should be the denial of
federal funds to schools that
demonstrate noncompliance with
privacy laws.
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9. Landmark Case
• Owasso Independent School District v. Falvo
(2002):
– Decision upheld the constitutionality
of peer grading. Actions did not violate
FERPA because student records
were not being maintained by the
peer graders.
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10. Landmark Case
McGilvray v. Moses (1999):
– This case involves a teacher who gave
personally identifiable information to someone
not employed by the district. The Texas
Commissioner of Education noted
that the list contained personally
identifiable information and violated
the students FERPA rights
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11. References
Family Educational Rights and Privacy Act (FERPA) (2007, April 24).
Retrieved March 24, 2008, from http://
www.ed.gov/print/policy/gen/guid/fpco/ferpa/index.html
Privacy, Confidentiality, Education Records (2002, January 1). Retrieved
March 24, 2008, from http://www.wrightslaw.com/info/ferpa.index.htm
Van Dusen, William D., Jr. (2004). FERPA: Basic guidelines for faculty
and staff a simple step-by-step approach for compliance. Retrieved
March 24, 2008, from the NACADA Clearinghouse of Academic
Advising Resources Web site:
http://www.nacada.ksu.edu/Resources/FERPA-Overview.htm
Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator's guide to
Texas School Law (6th ed.). Austin: University of Texas Press.
Retrieved March 30, 2008