Privacy Law Library

Family Educational Rights and Privacy Act

FERPA

Students

FERPA gives parents, and students once they turn 18 or enter postsecondary school, the right to inspect and seek amendment of education records and generally requires written consent before personally identifiable information from those records is disclosed. It lists exceptions such as school officials with legitimate educational interests, directory information, and health or safety emergencies.

Where
Federal
Citation
20 U.S.C. 1232g; 34 CFR Part 99
Status
In force
In force since
1974-11-19
Last amended
2013-01-14
Enforced by
U.S. Department of Education (Student Privacy Policy Office)
People can sue
No
Penalties
No fines; the Department may withhold, terminate, or recover federal education funds after an institution fails to comply voluntarily. The statute creates no express private right of action.
Applies to
  • Educational agencies and institutions (public and private, K-12 and postsecondary) that receive funds under U.S. Department of Education programs
  • Third parties that receive education records from those institutions (redisclosure limits)

What a privacy notice must say

  • Notify parents and eligible students annually of their FERPA rights.34 CFR 99.7
  • Give public notice of directory information categories and allow opt-out before disclosing directory information.20 U.S.C. 1232g(a)(5)(B); 34 CFR 99.37

Rights it gives people

  • Give parents or eligible students access to education records within 45 days of a request.20 U.S.C. 1232g(a)(1)(A); 34 CFR 99.10(b)
  • Provide an opportunity to seek amendment of records believed inaccurate or misleading, including a hearing.20 U.S.C. 1232g(a)(2); 34 CFR 99.20-99.22

Practices it requires

  • Obtain signed written consent before disclosing personally identifiable information from education records, unless an exception applies.20 U.S.C. 1232g(b)(1); 34 CFR 99.30-99.31

Other duties

  • Keep a record of disclosures of personally identifiable information from each student's education records.20 U.S.C. 1232g(b)(4)(A); 34 CFR 99.32

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: 34 CFR 99.20-99.22, 99.30-99.32 and 99.37 section numbers were read from the eCFR part text but only 99.7 and 99.10 wording was checked closely | eCFR shows Part 99 version dates in 2017 (latest 2017-03-21) whose content was not reviewed; last_amended reflects the statute (Uninterrupted Scholars Act, Pub. L. 112-278)

Research reference, not legal advice.