The Family Educational Rights and Privacy Act (FERPA): Legal Issues. CRS Report R46799, Version 1

Autor/in	Cole, Jared P.
Institution	Library of Congress, Congressional Research Service (CRS)
Titel	The Family Educational Rights and Privacy Act (FERPA): Legal Issues. CRS Report R46799, Version 1
Quelle	(2021), (20 Seiten) PDF als Volltext kostenfreie Datei Verfügbarkeit
Sprache	englisch
Dokumenttyp	gedruckt; online; Monographie
Schlagwörter	Parent Rights; Student Records; Privacy; Educational Legislation; Legal Problems; Access to Information; Informed Consent; Definitions; Disclosure; Compliance (Legal); Gender Discrimination; Federal Legislation; Sex Fairness; Grievance Procedures; Sexual Harassment + Suchen Sie Ihr Suchwort? Elternrecht; Schülerakte; Privatsphäre; Bildungsrecht; Schulgesetz; Begriffsbestimmung; Bundesrecht; Sexualaufklärung; Sexuelle Belästigung
Abstract	Schools generate and maintain numerous student records, including grades, standardized test scores, disciplinary accounts, contact information, mental health records, and more. The Family Educational Rights and Privacy Act (FERPA), which applies to educational agencies and institutions that receive certain types of financial assistance from the Department of Education (ED), regulates the handling of education records in several ways. The law sets forth two key requirements for covered entities. First, FERPA requires schools to allow parents to access and review their children's education records. Second, it prohibits schools from releasing students' education records, including personally identifiable information (PII), without the written consent of their parents, subject to several exceptions. FERPA defines "education records" as materials that (1) "contain information directly related to a student" and (2) "are maintained by an educational agency or institution or by a person acting for such agency or institution." FERPA does not govern all materials that may contain information about a student. The statute exempts certain categories of information from its definition of "education records" altogether. FERPA also has various specific exceptions that permit disclosure of student records in different situations. FERPA imposes requirements on the recipients of these student records, including how materials may be used and when those records may be re-disclosed. Because FERPA does not create a private right of action to sue schools for noncompliance, enforcement of the statute is primarily conducted by ED's Student Privacy Policy Office, which can review and investigate violations. When noncompliance is not resolved through the administrative process, ED can withhold federal funds or terminate eligibility to receive federal funds. In addition to complying with FERPA's requirements concerning disclosure of student records, schools that receive federal financial assistance must also abide by the requirements of Title IX of the Education Amendments of 1972. In May 2020, regulations were issued under Title IX that prescribe how schools must respond to allegations of sexual harassment at school. Those regulations require that during a grievance process in response to a formal complaint of harassment, schools must make certain information available to relevant parties. Although FERPA does not have an express "exception" for disclosures in Title IX sexual harassment proceedings, these requirements may nonetheless be reconcilable. (ERIC).
Anmerkungen	Congressional Research Service. Web site: https://crsreports.congress.gov/
Erfasst von	ERIC (Education Resources Information Center), Washington, DC
Update	2024/1/01