What I Learned

Through research and this review, I learned that accountability for FERPA is a shared responsibility:

·Federally, institutions must follow DOE guidance to maintain compliance and Funding eligibility.

·At the start level, oversight ensures that local institutions integrate FERPA requirements into their policies and daily advancing practices.

This dual structure highlights the importance of academic advisors understanding both federal regulations to provide accurate information, protect student rights, and foster trust with families

Reference:

Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. § 1232g).

Right to Privacy – Implied. Although the U.S. Constitution does not articulate a general right to privacy, the Supreme Court has recognized a right as implied through several amendments, including the First, Fourth, Fifth, and Fourteenth Amendments.  These provisions establish protection for individual confidentiality, and due process that serve as the foundation for modern privacy law. In Griswold v. Connecticut, 381 U.S. 479 (1965), the Court formally recognized a constitutional right to privacy “penumbras” of these amendments.  FERPA reflects this constitutional principle safeguarding the confidentiality of student education records and limiting unauthorized disclosures.

• Fourteenth Amendment – Due Process Clause: Ensures no state shall “deprive any person of life, liberty, or property, without due process of law.” FERPA aligns by guaranteeing students access to and the right to amend their records.

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  • U.S. Const. amend. XIV, § 1

• First Amendment Considerations: FERPA balances confidentiality of student records with freedom of information principles.

  • U.S. Const. amend. I

Federal Law

Family Education Rights and Privacy Act (FERPA) of 1974

Source of Law: 20 U.S.C. § 1232g; 34 C.F.R. part 99 

https://chatgpt.com/c/68d5de1a-74e0-832f-b295-9cfb9013e057

Key provisions & Requirements

·Student privacy protections: Safeguard the privacy of student education records.

·Applicability: Applies to all educational institutions receiving federal funding.  Most private schools are exempt from this law.

·Student rights (at age 18 or enrolled in postsecondary education (College level):

o   Right to inspect and review their education records. 

o   Right to request amendment of inaccurate or misleading records.

o   Right to consent to disclosure of personally identifiable information (PII) from education records, with limited exception.

·Parental rights: Parents hold FERPA rights until the student turns 18 years old or enters postsecondary education (college), at which point rights transfer to the student.

·Permissible disclosure without consent: Allows in specific cases (e.g., health and safety emergencies, compliance with subpoenas, or to school officials with legitimate educational interest).

·Annual notification: Schools must inform students and parents annually of their rights under FERPA.

·Enforcement: The U.S. Department of Education enforces FERPA through the Student Privacy Policy Office (SPPO).

State Law

Texas Parent’s Bill of Rights and Responsibility

Source of Law: Texas Education Code §26.001

https://statutes.capitol.texas.gov/docs/ed/htm/ed.26.htm

Key Provisions & Requirements:

·Parental involvement: Recognizes parents as partners in the education process, with a legal right to access and participate in their child’s education.

·Access to records: Parents have the right to access all written records of a school concerning their child, including academic, disciplinary, and health records.

·Alignment with FERPA: Texas law adds FERPA by explicitly granting parents the right to review education records until FERPA rights transfer to the student at age 18 or once they enroll and attend higher education courses.

·Transparency: Schools must provide clear communication to parents regarding their rights and responsibility.

·Balancing rights: Ensures parents’ rights while also maintaining protections under FERPA once students become 18 years of age or once the student begins attending higher education courses.

References:

·United States Constitution, Amendment I, Amendment IV, Amendment V, and Amendment XIV (U.S. Const. amends. I, IV, V, & XIV).

·Griswold v. Connecticut, 381 U.S. 479 (1965).

·Family Education Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. § 1232g; 34 C.F.R. part 99) 

·Texas Parent’s Bill of Rights and Responsibility (Texas Education Code §26.001)

Family Educational Rights and Privacy Act of 1974 (FERPA)

Statue Source of Law: 20 U.S.C. §1232g

https://studentprivacy.ed.gov/ferpa

Key Provisions & Requirements

·Establishes a federal right to privacy of student education records

·Applies to all education institutions receiving federal funding.  Private schools are exempt from the law.

·Grants students age 18 or once they enroll and attend higher education courses the right to:

o   Inspect and review their educational records

o   Request correction of inaccurate or misleading records.

o   Control disclosure of PII, limited exceptions.

·Parents hold these rights until the student turns 18 or enters higher education.

·Violations may result in loss of federal funding.

Administrative Law

FERPA Regulations – Family Educational Rights and Privacy, U.S. Department of Education

Administrative Law Source: 34 C.F.R. Part 99

https://studentprivacy.ed.gov/ferpa

Key Provisions & Requirements

·Implements the statutory requirements of FERPA.

·Provides definitions of key terms (e.g. “educational records,” “personally identifiable information,” “school official”.)

·Established rules for consent requirements, disclosure exceptions, and procedures for amending records.

·Requires schools to provide annual notification of rights under FERPA.

·Details enforcement procedures through the U.S. Department of Education’s Student Privacy Policy Office (SPPO).

·Clarifies circumstances for disclosure without consent (e.g., to school officials with legitimate educational interests, or in health/safety emergencies).

References:

Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. §1232g)

Family Educational Rights and Privacy, U.S. Department of Education (34 C.F.R. Part 99)

Gonzaga University v. Doe, 536 U.S. 273 (2002)

Source of Law: U.S. Supreme Court decision (judicial precedent)

https://www.law.cornell.edu/supct/html/01-679.ZS.html

Key Holdings & Legal Principles:

·FERPA does not create a private right of action under 42 U.S.C. § 1983.  This is, individuals 9students or parents) cannot sue directly under FERPA for damages.

·The Court emphasized the FERPA is a spending-clause statute conditioning federal funds, and unless Congress clearly stats it, such statutes do not automatically confer individually enforceable rights.

·         Rather than private suites, FERPA’s enforcement is through administrative processes (i.e. complaints to the U.S. Department of Education, possible withholding of federal funds) as prescribed by the statute.

·The decision resolves split lower-court views about whether a student could sue for a FERPA breach under §1983, rejecting the path.

Case Law #2

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)

Source of Law: U.S. Supreme Court Decision

https://www.law.cornell.edu/supct/html/00-1073.ZS.html

Key Holdings & Legal Principles:

·The Court ruled that peer-graded papers (i.e. where students grade each other’s work and scores are announced) do not constitute “education records” under FERPA, and thus that practice does not violate FERPA’s nondisclosure provisions.

·The rationale: FERPA’s definition implies that education records are records “maintained by an educational agency or institution” (or a acting for such).  Peer-grading by students does not meet the standard of “maintained” institutional records.

·The decision helps delineate the boundary of what is protected under FERPA vs. what is not (i.e. internal classroom exercises not formally maintained).

·The ruling is binding across U.S. jurisdictions (as a Supreme Court precedent) when interpreting FERPA definition.

References:

Gonzaga University v. Doe, 536 U.S. 273 (2002)

Owasso Independent School District v. Falvo, 534 U.S. 426 (2002)

Angelo State University – FERPA / Student Records Policy

Source of Policy: University internal policy, published via Angelo State University (ASU) Registrar’s Office / ASU FERPA web page

https://www.angelo.edu/ferpa/

Key Provisions & legal Requirements (FERPA Alignment):

·Annual notice & rights disclosure

o   ASU notifies students annually of their FERPA rights: amendment, consent for disclosure, and complaint rights.

·Control over release of records

o   ASU will not release student records (beyond directory information) without the student’s written consent, except under FERPA-permitted exceptions.

o   Directory information may be released unless the student submits a Directory Restriction Form to prevent disclosure.

·FERPA / Proxy access

o   Students may grant access to parents or third parties via a FERPA/Proxy Authorized User function in the ASU RamPort system.

o   Proxy remains in effect until revoked by student.

·Disclosure to faculty & staff (school officials)

o   ASU defines “legitimate educational interest” to limited employees may access non-directory information

o   Faculty must demonstrate that their access is needed to fulfill job responsibilities (e.g. academic advising)

·Prohibition of public posting and insecure handling of grades / assignments

o   Publicly posting or announcing grades or leaving grades assignments in view of others constitutes a violation.

o   Class rosters must be handled confidentially and not re-disclosed improperly.

·Emergency disclosure exception

o   In health or safety emergencies, ASU may disclose non-directory information if it determines disclosure is necessary to protect individuals.

·Student disability / confidentially

o   Disability records and documentation are treated as educational records under FERPA and released only in a “need to know” basis.

References:

The Family Educational Rights and Privacy Act (FERPA) at Angelo State University https://www.angelo.edu/ferpa/

·Provide Regular FERPA Training for Faculty, Staff and Student Workers

o   Require all employees and student workers with access to student records to complete annual FERPA training.

o   Training reduces the risk of unauthorized disclosure by ensuring employees and student workers understand what constitutes “PII” and the exceptions to consent rules.

o   Importance: Protect the institution from compliance violations and foster a culture of student privacy

o   (U.S. Department of Education, 34 C.F.E. Part 99)

·Implement Strong Data Security and Access Controls

o   Use secure electronic systems with role-based access to limit who can view, edit, or share education records.

o   Require two-factor authentication for access to sensitive student information and prohibit use of personal devices for storing records.

o   Importance: Minimizes risk of data breaches and improper access, aligning with FERPA’s requirements that only officials with a “legitimate educational interest” may access records.

o   (20 U.S.C. § 1232g; 34 C.F.R. § 99.31)

·Adopt a Clear Directory Information and Disclosure Policy

o   Clearly define what information is classifies as “Directory information” (e.g., name, major, enrollment status) and notify students annually of their right to restrict disclosure.

o   Require students to submit a written request (e.g., directory restriction form) if they do not want their information released.

o   Importance: Precents accidental disclosure of protected information and ensures compliance with FERPA’s annual notification requirements.

o   (34 C.F.R. § 99.37)

References:

U.S. Department of Education Regulation (34 C.F.R. Part 99)

Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 C.F.R. § 99.31)

U.S. Department of Education Regulation (34 C.F.R. § 99.37)

The ethical principle of confidentiality in academic advising directly aligns with the federal requirements outlines in the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g.  FERPA protects the privacy of student consent, except under specific legal exceptions.  Similarly, the National Academic Advising Association (NACADA) Core Values emphasize that “protecting confidentiality is essential in advising relationships” (NACADA, 2017)

As part of my professional code, I view FERPA not only as a legal mandate but also as an ethical standard that reinforces trust between advisor and student.  By safeguarding student records and limiting disclosure to authorized parties, advisors uphold their legal obligation under FERPA and their ethical responsibilities to foster a safe, respectful, and professional advising environment.

·Connection to FERPA / Ethical Dilemma:

o   Although no single, formally adopted code of ethics exists for academic advising, NACADA provides guiding Core Values that inform ethical decision-making.  Among these values, confidentiality directly connects to FERPA, which protects student education records under federal law.  An ethical dilemma commonly arises when parents or guardians request information about a student’s grades, enrollment, scholarship or progress without the student’s written consent.  In such scenarios, advisors must balance parental concerns with their legal and ethical responsibility to protect student privacy.  By upholding confidentiality, advisors ensure compliance with FERPA.

·Citation for the Code of Ethics / Core Values:

National Academic Advising Association (NACADA, 2017). NACADA “Core Values of Academic Advising.”  https://nacada.ksu.edu/Resources/Pillars/CoreValues.aspx

The primary audience for this guide is parents and families of college students, as they often seek clarity about their role in supporting their student while navigating the boundaries set by educational privacy laws.  The chosen topic FERPA will focus on helping parents understand their student’s rights, the limits of parents’ access to educational records on the first day of class, and strategies for fostering open communication while respecting legal guidelines.

I chose this topic because FERPA is one of the most common sources of questions and confusion among parents and families of college students.  Providing clear, accessible information helps reduce frustration, builds trust between families and institutions, and empowers students to take full ownership of their academic journey.   

Refernce:

Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. §1232g).

·Protect Educational Records: Always safeguard student files, electronic data, and advising notes from unauthorized access.

·Respect Confidentiality: Share student information only when there is a legitimate educational interest and in compliance with FERPA guidelines (20. U.S.C. §   1232g; 34 CRF Part99).

·Ensure Transparency: Clearly inform students of their rights under FERPA, including the right to access, and request amendments to their records, as well a the right to control disclosure of their records even to parents or guardians unless a specific FERPA exception applies, including to parents

·Practice Ethical Communication: Maintain professionalism by avoiding unnecessary disclosure of sensitive student information in verbal or written form.

·Secure Technology Use: Implement strong data protection measures when storing or transmitting student information through digital systems.

·Promote Professional Development: Regularly participate in FERPA and compliance training to remain updated on legal standards and institutional policies.

·Balance Compliance with Student Support: Uphold the law while creating an environment where students feel safe, supported, and empowered in their educational journey.

·Model Integrity and Accountability: Demonstrate ethical responsibility in every interaction, reinforcing trust between the student and the institution.

·Refererences:

Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99.

Source of law: 34 C.F.R. Part 99

https://studentprivacy.ed.gov/ferpa

Key Provisions & Legal Requirements:

·         Implements FERPA statue: (20 U.S.C. § 1232g) by detailing how schools and institutions must comply with federal privacy requirements.

·         Define key terms such as “educational records,” “directory information,” “PII”,” and “school officials.”

·         Consent requirements: Outlines when schools must obtain written consent from parents or eligible students before disclosing educational records.

·         Exceptions to consent: Provide clear rules of disclosure without consent (e.g. health/safety emergencies, court orders, school officials with legitimate educational interest).

·         Annual notifications: Requires schools to annually notify parents and eligible students of their FERPA rights.

·         Right to request amendment: establishes the process for parents or eligible students to seek corrections of inaccurate or misleading records.

·         Enforcement: Administered through the U.S. Department of Education’s Student Privacy Policy Office (SPPO), which investigates complaints and ensures compliance.

References:

Family Educational Rights and Privacy Act Regulation (FERPA Regulation) (34 C.F.R. Part 99)

References:

Family Educational Rights and Privacy Act (FERPA) of 1974 (20 U.S.C. §1232g). 

Family Educational Rights and Privacy Act Regulation (FERPA Regulation) (34 C.F.R. Part 99)