Timeline: FERPA - Family Educational Rights and Privacy Act

1800

Beginning of Educational Records

During the early 1800's New England schools and universities began tracking and keeping educational records. It initially began as just general attendance records, but eventually became more detailed over the years. No guidelines were in place and any could access the records. No one believed professionals would abuse this information. (Kelly, M. n.d.).

1970

Misuse of Student Information

The early 1970's proved that people will misuse information if given a chance. Anyone with a badge could obtain students' personal and academic records. These files would contain medical records (which included mental health notes), academic issues, and attendance records. Often times, authorities (with no medical background) would obtain these records and remove a student from school and place them in a special needs program without the consent of the parent. (Kelly, M., n.d.)

Jun 17, 1972

Watergate

On June 17, 1972, several burglars, tied to President Richard Nixon, were caught and arrested in the Watergate buildings in Washington D.C.. They were caught wiretapping and stealing classified documents (History.com Staff. 2009). Because of the Watergate Scandal, Americans had a bit of a distrust with the government and there was a need for "increased transparency." Because of this outcry, the Family Educational Rights and Privacy Act was created (Kelly, M., n.d.).

Aug 21, 1974

FERPA is Born

On August 21, 1974, President Ford signed the Family Educational Rights and Privacy Act. It was also referred to as the Buckley Amendment because of Senator James Buckley sponsored the law. Buckley believed FERPA was necessary because of the evidence that showed student records were being abused in all aspects of education. He felt that Watergate showed the potential of misusing important records and he believed parent's and student's educational information need protecting (Kelly, M., n.d.).

Nov 19, 1974

FERPA Goes Into Effect

On November 19, 1974, FERPA went into effect.
FERPA, or the Family Educational Rights and Privacy Act, protects student's educational records. FERPA "gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level" (U.S. Department of Education, 2015).

Dec 31, 1974

The First Amendment of FERPA

In December of 1974, amendments were made to FERPA. They "limited the right to inspect and review records so that postsecondary students do not have access to 1) financial records of their parents, and 2) confidential letters of recommendation" (U.S. Department of Education, 2004).

Oct 17, 1979

Establishment of Department of Education

Congress passed legislation to create an actual Department of Education split off from the Department of Health, Education, and Welfare (U.S. Department of Education, 2004).

Nov 8, 1990

Campus Security Act

In 1990, the Campus Security Act came into effect. This allowed institutions to disclose the results of a disciplinary hearing conducted by the institution to the victim of the crime, regardless of the outcome (Stone, K. & Stoner E., 2002).

Oct 7, 1998

Higher Education Amendments of 1998

In 1998, institutions were allowed to "disclose disciplinary actions taken against students to teachers and school officials, including those in other schools, who have a legitimate educational interest in the behavior of the student (Stone, K. & Stoner, E., 2002).

Oct 8, 1998

Higher Education Amendments of 1998

Also during the Higher Education Amendments, institutions were allowed to disclose final results of any disciplinary issue involving a crime of violence or non-forcible sex offense to anyone, including the public. This was only allowed if the institution determined "the student committed a violation of its rules or policies with respect to the crime" (Stone, K. & Stoner, E., 2002).

Oct 9, 1998

Higher Education Amendments of 1998

Another amendment that was made in 1998 allowed parents or guardians to obtain information regarding their child if a violation of a law or institutional policy, involving drugs or alcohol and the student was under 21, was committed (Stone, K. & Stoner, E., 2002).

Oct 28, 2000

Campus Sex Crime Prevention Act

The first amendment of the new millennium was the Campus Sex Crime Prevention Act. This law allowed the tracking of convicted sex offenders who were either working or attending classes at a higher education institution. This law went into effect October 28, 2002 (Stone, K. & Stoner, E., 2002).

Oct 26, 2001

USA Patriot Act of 2001

The USA Patriot Act has been one of the most recent amendments to the Family Educational Rights and Privacy Act. This law was initiated to "assist the government in its fight against terrorism" (Stone, K. & Stoner, E., 2002). "Bryan's Law" is a proposed bill that has been bounced off the USA Patriot Act that would require parents and guardians to be notified of any missing persons report involving their child (Stone, K. & Stoner, E., 2002).

2002

Doe v. Gonzaga University

In 1992, a Gonzaga University undergrad sued the university alleging a violation of FERPA. He had planned on becoming an elementary school teacher, but was required to obtain an affidavit of good moral character to gain certification. The dean found out about an overheard conversation where the student discussed sexual misconduct that he partook in. The dean refused to sign his affidavit and the student sued claiming a violation of his confidentially rights (Stone, K. & Stoner E., 2002).

Dec 9, 2008

Biometric Information

In 2008, biometric information (biological ways of identifying individuals - i.e. fingerprints) were added to personally identifiable information (Kelly, M., n.d.)

Dec 31, 2017

The Future of FERPA

FERPA has yet to be amended to address the advancement of technology. "How does an institution respond to a request by a parent for his/her daughter's student computer password? Are records 'maintained' by the institution when a student owns his/her computer but uses the university server?" (Stone, K. & Stoner, E., 2002). These kind of questions need to be answered in the future. Technology is only going to get more prevalent.

2020

References

Kelly, M. (n.d.). History of the family educational rights & privacy act (FERPA). Study.com. Retrieved from https://study.com/academy/lesson/history-of-the-family-educational-rights-privacy-act-ferpa.html History.com Staff. (2009). Watergate Scandal. History.com. Retrieved from http://www.history.com/topics/watergate Stone, K. & Stoner, E. (2002). Revisiting the purpose and effect of FERPA. Stenson University College of Law.

2020

References

U.S. Department of Education. (2015). Family educational rights and privacy act (FERPA). U.S. Department of Education. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html U.S. Department of Education. (2004). Legislative history of major FERPA provisions. U.S. Department of Education. Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/leg-history.html

2021