Family Educational Rights and Privacy Act (FERPA) Overview

Summary

This practice note covers the fundamentals of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g et seq., a federal law passed in 1974 that protects the privacy of students' education records. FERPA generally applies to elementary schools, high schools, colleges, and educational institutions or agencies that receive federal funding. FERPA imposes certain obligations on these schools for sharing and maintaining student educational records and gives parents certain rights with respect to their children's education records, which transfer to the student when the student reaches the age of 18 or postsecondary education. This overview explains FERPA's scope, including rights protected, individuals protected, covered institutions and information, and enforcement.