Limits on Private-sector Collection and Use of Data - Education (4 of 5)

Question 1

Family Educational Rights and Privacy Act of 1974 (FERPA)

Answer 1

Protects student records. Establishes requirements regarding the privacy protection of student educational records. It applies to all academic institutions that receives funds under application US Department of Educational programs. 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 right have transferred are referred to as “eligible students.”

Question 2

What is the scope of FERPA?

Answer 2

1. Most colleges and universities
2. Most public schools
3. Few private elementary, middle, or secondary schools

Question 3

What rights does FERPA grant for parents and students?

Answer 3

Parents: maintain rights for students under 18 who are enrolled in school

Students: maintain right to their own records when over 18 or enrolled in postsecondary school at any age

Question 4

FERPA Rights

Answer 4

1. Control disclosure of records to third parties
2. Access student educational records
3. Dispute information in educational records

Question 5

What are considered records under FERPA?

Answer 5

FERPA covers all educational records in any form, digital, or paper.

FERPA Record Types:

1. Grades
2. Transcripts
3. Class Lists
4. Course schedules
5. Health Records (K-12)
6. Financial records
7. Disciplinary Records

Question 6

What is excluded under FERPA?

Answer 6

1. Law enforcement records
2. Application records of nonstudents
3. Alumni records (Created after graduation)
4. Medical and mental health treatment records
5. Sole-possession records
6. Peer-grade work is not covered under FERPA until entered in the course instructors grade book

Question 7

What are permitted FERPA disclosures?

Answer 7

1. Consent
2. Not personally identifiable or falls under directory information
3. Health or safety emergency

Question 8

What are permitted recipients under FERPA?

Answer 8

1. School officials with legitimate education interest
2. Other education institutions
3. Financial aid organizations
4. Researchers
5. Accrediting purposes
6. Law enforcement agencies

Question 9

Where do education technology companies fall under FERPA?

Answer 9

Education technology companies are often designed as “school officials” under FERPA