FERPA according to the latest Federal guidelines of the Department of Education guidelines 2012 defines FERPA as a Federal law that that is administered by the Family Policy Compliance Office and applies to all educational agencies and institutions that receive funding under any program administered by the Department of education (U.S. Department of Education 2010). These guide lines apply according to the USDE that, “Parochial and public schools at the elementary and secondary levels generally do not receive such funding and are not subject to FERPA. Private postsecondary schools generally do receive funding and are subject to FERPA”. (FERPA general guidance, 2012).
FERPA guidelines state that,” once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an eligible student, and all rights formally given to the parents under FERPA transfer to the student” ( FERPA general guidance, 2012). Now the “eligible student” has the right to have access to his or her educational records, the right to have the records amended, the right to have control over the disclosure of personally identifiable information from the record unless under certain circumstances identified in the FERPA regulations, and the right to file a complaint with the Department of Education. The USSDE defines “educational records” as those records that contain information directly related to a student and are maintained by an educational agency or institution or by a party for the agency or institution (FERPA general guidance, 2012).
FERPA as a rule according ED.gov, “prohibits the improper disclosure of personal identifiable information from educational records (FERPA general guidance, 2012). This means that according to FERPA that information obtained by an official through personal knowledge or observation, or has heard orally from others, is not protected under FERPA (ed.gov. 2011).
Under FERPA, a school is not generally required to maintain particular educational records or educational records that contain specific information. A school is required to provide certain privacy protections for those for those education records that it does maintain. Unless there is an outstanding request by an eligible student to inspect and review educational records according to FERPA, a school is permitted to destroy such records without notice to the student (ed.gov. 2011).
Under FERPA, according to ed.gov, a school must provide an eligible student an opportunity to inspect and review his or her educational records within 45 days following its receipt of a request. A school is required to provide an eligible student with copies of educational records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. An example according to FERPA would be, “If the student does not live within commuting distance of the school” (ed.gov. 2011).
Also under eligible student’s rights, a school is not generally required by FERPA to provide the student with access to academic calendars, course syllabi, or general notices such as announcements of specific events or extra-curricular activities. FERPA states that this type of information is not generally directly related to an individual student and, does not meet the definition of an educational record (FERPA general guidance, 2012).
Ed.gov also states that under FERPA, a school is not required to provide information that is not maintained or to create education records in response to an eligible student’s request. A school is not required to provide an eligible student with updates on his or her progress in a course or in school unless this information already exists in the form of an educational record. These records include according to FERPA grade reports (ed.gov. 2011).
Under the amendment of records according to the USDE and FERPA, they both state that a student has the right to request that inaccurate...