What Are Common FERPA Misconceptions?

Author Headshot Written by Liz McDermott


The core principles of the Family Educational Rights and Privacy Act (FERPA)—granting access to educational records, allowing for amendments, and controlling disclosure—have stood the test of time. These fundamental rights empower students and parents and ensure transparency and accountability in our educational institutions.

FERPA's reach extends beyond simple record-keeping, influencing everything from classroom practices to adopting new educational technologies. Despite its importance, FERPA is often misunderstood. Let’s clear up some common FERPA misconceptions.

This article is brought to you by Vubiz’s FERPA: An Overview course, designed for educational institutions that aim to enhance employee awareness and ensure compliance.

 

what is ferpa

 

Misconception 1: FERPA Prevents All Information Sharing

Reality: While FERPA does protect student privacy, it doesn't create an impenetrable wall around all student information. Several exceptions allow for necessary information sharing, such as with school officials who have a legitimate educational interest.

 

Misconception 2: FERPA Applies to All Schools

Reality: FERPA only applies to educational institutions that receive funds from the U.S. Department of Education. This means that most private K-12 schools are not subject to FERPA, although many choose to follow similar privacy practices.

 

Misconception 3: FERPA Rights End After Graduation

Reality: FERPA rights protect a student's educational records even after they leave school. However, FERPA doesn't cover records created or received after an individual is no longer a student at the institution.

 

Misconception 4: Parents Always Have Access to College Students' Records

Reality: Once a student turns 18 or enters a postsecondary institution at any age, FERPA rights transfer from the parent to the student. Parents can only access their college student's records with the student's consent or if the student is claimed as a dependent for tax purposes.

 

Misconception 5: FERPA Prohibits Sharing Any Information in Emergencies

Reality: FERPA has exceptions for health and safety emergencies. Schools can disclose information to appropriate officials in situations with an articulable and significant threat.

 

Misconception 6: Teachers Can't Display Student Work

Reality: Teachers can display student work as long as it doesn't include personally identifiable information beyond directory information. However, schools should still be mindful of local policies and parental preferences.

 

Misconception 7: FERPA Covers All Personal Information About Students

Reality: FERPA only protects educational records. Teachers' personal observations or information obtained from sources other than educational records are not protected by FERPA.

 

Grasping these misconceptions is vital for educational institutions and individuals alike. It fosters a deeper comprehension of the Family Educational Rights and Privacy Act (FERPA) and ensures its accurate application. This balanced approach is essential in upholding the delicate equilibrium between safeguarding student privacy and navigating the practical realities inherent in academic settings.

 

Are you looking to train your staff on the basics of FERPA to meet compliance?

Enroll your team in Vubiz’s FERPA: An Overview course today to increase their compliance awareness.