Schools That Fail to Comply with FERPA Regulations Could Face Serious Consequences
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student records. It gives parents and eligible students the right to access their educational records, to request that their records be amended, and to restrict the disclosure of their records.
Schools that fail to comply with FERPA regulations could face serious consequences. The U.S. Department of Education (ED) can impose a variety of sanctions on schools that violate FERPA, including:
- Requiring the school to take corrective action
- Requiring the school to develop a corrective action plan
- Withholding federal funding
- Taking legal action against the school
In addition to these federal sanctions, schools that violate FERPA may also be subject to state or local laws.
What are the consequences of FERPA non-compliance?
The consequences of FERPA non-compliance can vary depending on the severity of the violation. In some cases, the school may simply be required to take corrective action, such as providing parents with access to their child’s records or amending a record that is inaccurate. In other cases, the school may be required to develop a corrective action plan, which will outline the steps the school will take to prevent future violations.
In the most serious cases, the ED may withhold federal funding from the school. This could have a significant financial impact on the school, as federal funding can account for a significant portion of a school’s budget.
The ED may also take legal action against the school, such as filing a lawsuit. This could result in the school being required to pay damages or to change its policies and procedures to comply with FERPA.
How can schools avoid FERPA non-compliance?
There are a number of things schools can do to avoid FERPA non-compliance. These include:
- Providing parents and eligible students with FERPA rights and responsibilities training
- Establishing policies and procedures for handling student records
- Training staff on FERPA regulations
- Reviewing student records on a regular basis to ensure that they are accurate and up-to-date
Schools should also be aware of the exceptions to FERPA. There are a number of situations in which schools are allowed to disclose student records without parental consent. These exceptions include:
- Disclosures to school officials who have a legitimate educational interest in the records
- Disclosures to law enforcement officials in certain circumstances
- Disclosures to third-party vendors who are providing services to the school
By taking steps to comply with FERPA, schools can help to protect the privacy of their students’ educational records.
Questions and answers
Q: What are some common examples of FERPA non-compliance?
A: Some common examples of FERPA non-compliance include:
- Disclosing student records to third parties without parental consent
- Failing to provide parents with access to their child’s records
- Amending student records without proper justification
- Losing or destroying student records
Q: What can parents and eligible students do if they believe that their FERPA rights have been violated?
A: Parents and eligible students who believe that their FERPA rights have been violated should first contact the school to try to resolve the issue. If the issue cannot be resolved at the school level, parents and eligible students can file a complaint with the ED.
Q: What are the benefits of complying with FERPA?
A: Complying with FERPA has a number of benefits for schools, students, and parents. For schools, compliance with FERPA can help to protect the privacy of student records, which can help to build trust with parents and students. For students, compliance with FERPA can help to ensure that their educational records are accurate and confidential. For parents, compliance with FERPA can help them to stay informed about their child’s progress and to protect their child’s privacy.
