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Highlights of the Family Educational Rights and Privacy Act

  1. Schools must notify parents annually that parents and eligible students have the right to inspect and review the student's education records. Educational records are those that relate directly to a student and are maintained by an education agency or institution and include electronic data.

  2. Parents or eligible students have the right to request that a school correct educational records that they believe are incorrect or misleading. The school and parents have further rights if the school feels the records should not be amended.

  3. Schools must comply with a request of access to records within 45 days.

  4. Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR Á 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 studies 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.

  5. Schools may disclose directory information without consent. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Directory information is that contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed. It includes, but is not limited to a student's
    • name
    • address
    • telephone listing
    • date and place of birth
    • major field of study
    • participation in officially recognized activities and sports
    • weight and height of members of athletic teams
    • dates of attendance
    • degrees and awards received, and
    • the most recent, previous educational agency or institution attended

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