OASFAA Spring 2008 Conference. FERPA. The Family Educational Rights and Privacy Act Background. Signed into law August 21, 1974. Became effective November 19, 1974. Commonly called the “Buckley Amendment.” 34 CFR Part 99. Family Policy Compliance Office. (202) 260-3887
www.ed.gov/policy/gen/guid/fpco/ferpa/index.htmlThe Family Educational Rights and Privacy ActBackground
FERPA applies to “an educational agency or institution to which funds have been made available under any program administered by the Secretary (of education)”
(34 CFR 99.1).
Parent: A natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.
Other schools to which a student is transferring.
Appropriate parties with students’ financial aid.
Organizations conducting studies for schools.
A judicial order or lawfully issued subpoena.
Health and safety emergencies.
State and local authorities in juvenile-justice system.
Under age 21 and violated alcohol and drug laws or policies.
Alleged victim of a crime.Written ConsentNot Needed
Specify the records to be disclosed.
State the purpose of the disclosure.
Identify the party or class of parties to whom the information will be disclosed.
Be signed and dated.
Identifies and authenticates a particular person as the source of the electronic consent.
Identifies that person’s approval of the information contained in the electronic consent.Written ConsentStandards
Date and place of birth.
Major field of study.
Dates of attendance.
Participation in officially-recognized activities and sports.
Athlete weight and height.
Degrees, honors and awards.
Most recent institution attended.
Directory information refers
to information contained in
students’ education records,
not generally considered
harmful or an invasion of
privacy, if disclosed.Directory Information
specify archiving needs.
Names of parties who requested or received the information.
Parties who requested or received information and any legitimate interest.
Eligible student or parent.
School official with legitimate educational interest.
Seeking directory information.
A subpoena with orders that the subpoena not be disclosed.
U.S. Attorney General investigating or prosecuting terrorism crimes.Record of Disclosures
Office is responsible for the privacy and confidentiality of student records that student employees use.
events at Virginia Tech.