The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student. The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
FERPA requires that the school, with certain exceptions, obtain parent, guardian, or eligible student’s consent prior to the disclosure of personally identifiable information from the student’s education records. However, the school may disclose appropriately designated “directory information” (see below) without written consent unless the parent, guardian, or eligible student requested the school to the contrary in writing, (i.e. “Opt Out”). The primary purpose of directory information is to allow the school to include this type of information from the student’s education records in certain school publications. Examples include, but are not limited to:
Audio recordings (not including those in video) and student work products/publications are not considered Directory Information, and therefore are or may include Personally Identifiable Information protected under FERPA. The Department recognizes that student teachers participating in educator preparation programs and staff in professional development courses within the Department may have access to student work and/or audio recordings of students’ voices in the course of their participation in these activities, and therefore would need parent/guardian/eligible student consent to have access to these materials.
Directory Information - Definition
Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed.
Protection of Pupil Rights Amendment to FERPA
The federal PPRA affords parents certain rights regarding our conduct of surveys, collection and use of information for marketing purposes, and certain physical exams.
The PPRA applies to the programs and activities of a State educational agency (SEA), local educational agency (LEA), or other recipient of funds under any program funded by the U.S. Department of Education. It governs the administration to students of a survey, analysis, or evaluation that concerns one or more of the following eight protected areas:
PPRA also concerns marketing surveys and other areas of student privacy, parental access to information, and the administration of certain physical examinations to minors. The rights under PPRA transfer from the parents to a student who is 18 years old or an emancipated minor under State law.