The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. One common scenario that educational institutions face is when a parent or eligible student requests access to an education record that contains information about other children. In this situation, schools must navigate the complex requirements of FERPA to ensure that they are protecting the privacy of all students involved while also providing the requesting party with access to the relevant information.
FERPA requires that schools obtain written consent from parents or eligible students before disclosing personally identifiable information (PII) from education records, with certain exceptions. One of these exceptions is when a school official has a legitimate educational interest in the record. However, when an education record contains information about multiple students, schools must take care to protect the privacy of all students involved.
Ferpa Requirements for Education Records
Ferpa requires that schools provide parents and eligible students with access to their education records within 45 days of a request. However, when a requested education record includes information about other children, schools must redact or separate the information to protect the privacy of those students. This can be a challenging task, especially when the information is intertwined and not easily separable.
Redacting Information About Other Students
When redacting information about other students, schools should follow a few key guidelines. First, they should remove all PII about other students, including names, student identification numbers, and any other information that could be used to identify the students. Second, schools should ensure that the redacted information is not reasonably re-identifiable. Finally, schools should provide the requesting party with a clear explanation of the redactions made and the reason for the redactions.
| Ferpa Requirements | Description |
|---|---|
| Access to Education Records | Schools must provide parents and eligible students with access to their education records within 45 days of a request. |
| Redaction of Information | Schools must redact or separate information about other students to protect their privacy. |
| Legitimate Educational Interest | Schools may disclose PII from education records to school officials with a legitimate educational interest. |
Key Points
- Ferpa requires schools to protect the privacy of student education records, including those that contain information about multiple students.
- Schools must redact or separate information about other students to protect their privacy when a requested education record includes information about other children.
- Schools should have clear policies and procedures in place for handling requests for education records that include information about other students.
- The school must provide the requesting party with a clear explanation of the redactions made and the reason for the redactions.
- Ferpa requires that schools obtain written consent from parents or eligible students before disclosing PII from education records, with certain exceptions.
Consequences of Non-Compliance
Schools that fail to comply with FERPA requirements may face significant consequences, including the loss of federal funding. In addition, schools may be subject to civil lawsuits and reputational damage if they are found to have mishandled sensitive student information.
Best Practices for Handling FERPA Requests
To ensure compliance with FERPA, schools should establish clear policies and procedures for handling requests for education records that include information about other students. This may include designating a FERPA coordinator to oversee the process, providing training to staff on FERPA requirements, and implementing technical safeguards to protect student data.
Ferpa is a complex and nuanced law that requires schools to balance the need for transparency with the requirement to protect student privacy. By understanding the requirements of FERPA and implementing best practices for handling FERPA requests, schools can ensure that they are protecting the privacy of all students involved while also providing the requesting party with access to the relevant information.
What happens if a requested education record includes information about other children?
+If a requested education record includes information about other children, the school must redact or separate the information to protect the privacy of those students. The school should remove all personally identifiable information about other students and provide the requesting party with a clear explanation of the redactions made and the reason for the redactions.
What is a legitimate educational interest under FERPA?
+A legitimate educational interest under FERPA is a interest that is necessary for the school official to perform their job duties. This may include teachers, counselors, and other school officials who have a need to know the information in order to provide educational services to the student.
How long does a school have to respond to a FERPA request?
+A school has 45 days to respond to a FERPA request. During this time, the school must provide the requesting party with access to their education records, or provide a written explanation of why the request was denied.