Understanding FERPA at Colleges and Universities

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The Family Educational Rights and Privacy Act (FERPA) helps ensure students’ privacy. Much information is protected under FERPA, though some circumstances allow schools to disclose personal information without a student’s consent.

For example, colleges and universities may disclose the outcome of internal sexual assault disciplinary investigations and hearings, but only to the alleged victim. Subpoenas and court orders can compel schools to disclose information that the Family Educational Rights and Privacy Act typically protects. However, if a college or university violates a student’s privacy rights under FERPA, it may face consequences. We can determine if FERPA rules factor into your case at all and use it to your advantage.

For a free case review from our sexual abuse lawyers, call the Law Office of John J. Sheehan today at (617) 925-6407.

What is FERPA at Colleges and Universities?

Under FERPA, schools may not disclose private information without a student’s consent and also guarantee students access to their records whenever they request them.

FERPA applies to all schools that receive funding from the U.S. Department of Education, including post-secondary institutions like colleges and universities.

We may address FERPA violations or use exceptions under FERPA to obtain information. Understanding these complex rules is important, especially if they factor into your case.

What Information is Protected Under FERPA?

FERPA protects students’ “personally identifiable information” (PII). The following are some examples of PII:

A student’s name

A student’s family members’ names

A student’s home address

Personal identifiers like your Social Security number or student identification number are also PII, as are “indirect identifiers,” like where and when you were born or your mother’s maiden name. Other information that ties back to you may also be considered PII and protected under FERPA.

The Family Educational Rights and Privacy Act also prevents schools from disclosing academic, counseling, disciplinary, and financial aid records, among other information, in many situations. Specific exceptions under the Family Educational Rights and Privacy Act allow universities and other schools to disclose student records in certain situations, and we can confirm whether any apply to your situation.

Who Can Get Records from Colleges and Universities Under FERPA?

Any student who is 18 or older or of any age attending post-secondary education may obtain their records under FERPA. Parents may request and obtain records of any minor students.

Our lawyers may also obtain university records containing PII with your consent. With our understanding of the Family Educational Rights and Privacy Act and the rights it affords you, we can help ensure private information stays protected. We can also assert your right to access or amend your education records. If your requests go unanswered, the administration is unresponsive, or you encounter any other issues, our lawyers are available to assist you.

What Are Common Exceptions to FERPA at Colleges and Universities?

Some exceptions to the Family Educational Rights and Privacy Act let schools disclose private information from a student’s educational records without getting their consent first. Let us confirm whether or not a situation meets the criteria for a FERPA exception or whether a student’s privacy rights have been violated.

Subpoenas

Judicial orders and subpoenas can compel colleges and universities may disclose a student’s personally identifiable information without their consent, according to 34 U.S.C. § 99.31(a)(9)(i).

Violent Crimes and Non-Forcible Sex Offenses

Educational agencies and institutions may also disclose PII without prior consent to victims of alleged violent crimes or non-forcible sex offenses. Our sexual abuse lawyers may also seek this information on victims’ behalves. Only specific information may be revealed in these situations, like the results of a disciplinary hearing, as well as the offender’s name and any punishment imposed upon them.

Lawsuits

When students sue colleges or universities, FERPA lets schools disclose student records if necessary for their defense. These records may not provide the full context, which our lawyers may provide with additional evidence, such as witness statements and correspondence.

Other Exceptions

There are even more exceptions under FERPA that let colleges and universities disclose PII without a student’s consent, such as in certain health and safety emergencies and during transfers to other colleges. Schools may also disclose some information in student directories, but they must have established rules for doing so.

If you learn of a FERPA violation and are told an exception applies, do not take that at face value and ask our lawyers for confirmation.

Can You Amend Education Records Under FERPA?

FERPA also gives students the right to amend education records that are misleading, inaccurate, or violate their privacy rights. If your college denies this request, you have the right to a hearing under § 99.21.

Even if hearings are unsuccessful, FERPA allows the state to enter the record that they disagree with the results and explain why.

How Do You File a FERPA Complaint Against a College or University?

If you believe your rights have been violated under FERPA and a college or university has wrongly disclosed your PII, you can file a claim.

We can put the complaint in writing and explicitly state how your rights were violated. The complaint must come within 180 days of the violation occurring or of you discovering it.

Once we complete the FERPA complaint form, we can send it to the Department of Education’s Student Privacy Policy Office by mail or email.

We will state the name of the educational agency or institution and the reason for the complaint, which could be denying you access to your education records, denying you the chance to amend inaccurate education records, or wrongly disclosing your education records or PII without your consent.

We can provide additional information that corroborates your claim, like correspondence with a college or university and any other relevant documentation.