Serving Students with Special Needs: What are the key elements of FERPA (Family Educational Rights and Privacy Act)?

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student records. (20 U.S.C. § 1232g; 34 CFR Part 99). This law applies to all schools that receive funds from the U.S. Department of Education.

Parents have some rights to their child's education records but these rights transfer to the student when they become 18 years old. Those students are known as "eligible students".

Parents or eligible students have the right to review the student's educational records maintained by the school.
Parents or eligible students have the right to request a school correct inaccurate information found in the student's educational records. If the school denies the request, parents or eligible students have the right to request a formal hearing.
Parents or eligible students have the right to request that the school not disclose student directory information.

Normally, schools do not disclose student's educational records without written permission from the parents or eligible students. FERPA allows schools to disclose 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 students 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

Department of Education. 2015. Family Education Rights and Privacy Act (FERPA). Retrieved on May 31, 2017, from https://ed.gov/policy/gen/guid/fpco/ferpa/index.html