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Family Educational Rights and Privacy Act (FERPA)

Family Educational Rights and Privacy Act (FERPA) is a federal law that applies to educational agencies and institutions that receive federal funds under any program administered by the Secretary of Education.
20 U.S.C. § 1232g; 34 C.F.R. Part 99.

Generally, FERPA prohibits the funding of an educational agency or institution that has a policy or practice of disclosing a student’s “education record” (or personally identifiable information contained therein) without the consent of the parent. When a student turns 18 years old or attends a postsecondary institution at any age, the rights under FERPA transfer from the parent to the student (“eligible student”).

FERPA defines “education records” as “those records, files, documents and other materials which –
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. § 1232g(a)(4)(A)(i) and (ii).

FERPA generally requires prior written consent from the parent or eligible student before an educational agency or institution may disclose personally identifiable information from education records to a third party. However, the law contains 16 exceptions to this general rule.

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