Federal Privacy Act

The Privacy Act was passed by Congress in 1974, and it established certain controls over what personal information is collected by the federal government and how it is used. This law essentially gives citizens the right to see files about themselves, to amend inaccurate records, and to sue the government for allowing illegal access to confidential files.

The 1974 Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, was established as an amendment to the Federal Privacy Act and is one of two major federal privacy laws specifically affecting education. The U.S. Congress passed FERPA in order to extend Federal Privacy Act protections to students and their families so as to protect their privacy with education-related records. Similar to what the Federal Privacy Act guarantees to individuals with government records, this amendment grants parents certain rights of access to their children's education records and restricts disclosure of information from those records without their consent. Parents have the right to challenge material contained in student records, the right to amend records they believe to be inaccurate or misleading, and the right to restrict publication of personally identifiable information. FERPA also gives parents the right to inspect instructional materials associated with any program included in schools' curricula.

FERPA applies to any educational institution receiving federal funds, which includes all public schools, most colleges and universities, and even some private schools. Parental rights to access to their children's records incorporate most information that teachers, school administrators, and education officials maintain about students in any format: electronic, photographic, or paper. In the highly litigious setting in which educational institutions now exist, it is of the utmost importance that leaders balance the privacy rights of the students and staff with the public's “right to know.”

Teachers and administrators frequently have questions regarding the confidentiality of student records. With whom may they share information contained in a student's cumulative file? What records or information may parents gain access to, and what information should the school or teacher keep private? Until 1975, they did not have to be concerned about such matters because there were no restrictions over who could see or be granted access to student records. It was also common for schools to deny parental access to educational records because they thought it would be time consuming and costly and increase a school's accountability by opening up the educational process to public scrutiny. This lack of confidentiality and access proved to be a significant problem.

A positive result of the passage of FERPA has been the cleansing of student files of inaccurate information and information based on opinion rather than fact. Although fears that parents and students would sue schools for inaccurate information contained in the files are largely unfounded, it is important that student files are accurate, based on facts and firsthand observation, and educationally relevant. Under FERPA, public schools are required to grant parents access to their children's school records, and educational records must be kept confidential. It is important, therefore, that teachers guard the confidentiality of student educational information. Allowing access to records without parental permission or personally identifying students or divulging information during activities such as “lounge talk” or conversations with others may be in violation of a student's rights under FERPA.

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