Federal Family Educational Rights and Privacy Act (FERPA)
LIBI’s Policy & Annual Notification — Fall 2020
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools, including LIBI, that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
FERPA provides eligible students with the right:
- to inspect and review their education records maintained by LIBI. Colleges are not required to provide copies of records unless, for reasons such as great distance, it is impossible for eligible students to review the records. Colleges may charge a fee for copies.
- to request that a college correct records which they believe to be inaccurate or misleading. If the college decides not to amend the record, the eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
- not to have information from his/her education record released by the college without the eligible student’s written permission. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
- to restrict access to their academic records, as well as reverse a restriction to their records.
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 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 eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each school.
LIBI strictly follows the privacy regulations outlined in the Federal Family Educational Rights and Privacy Act (FERPA) of 1974 which regulates a wide range of privacy related activities.