FERPA

By Kerrholt

  • Privacy Importance

    The state of Utah was the first to recognize the importance of privacy. The state court system decided that unauthorized pictures were prohibited in the use of advertising (Elliott, Fatemi, & Wasan, 2014).

  • Constitutional Privacy

    During the law case, Public Utilities Community of District of Columbia vs. Pollack, it was declared that privacy was constitutional (Elliott, Fatemi, & Wasan, 2014).

  • Parental Access

    In the case Van Allen vs. Mcleary, a parent requested her child's records due to a faculty member mentioning the student needed psychiatric help. The court ruled that parents should have access to student records (Elliott, Fatemi, & Wasan, 2014).

  • Right to Privacy

    During the law case, Griswold vs. Connecticut, the court decided that the right to privacy exists within the 1st, 3rd, 4th, and 5th amendments (Elliott, Fatemi, & Wasan, 2014).

  • Computer Data

    The Secretary's Advisory Committee on Automated Personal Data Systems was in charge of creating a safe place for data on computer systems. They stated that data should be reliable, not fully confidential, and a student should be able to view their own information (Elliott, Fatemi, & Wasan, 2014).

  • Prior to FERPA

    Prior to FERPA, Students and parents had limited access to student information. However, unlike the limited access to directly related students, authorities had multiple avenues of access.

  • FERPA

    On August 21st, President Ford signed FERPA into law. FERPA is the Family Educational Rights and Privacy Act. It is protecting personal information of students, both from parents and governing officials. It is later amended to include certain situations in which retrieving personal information would be appropriate (Elliott, Fatemi, & Wasan, 2014).

  • 1st FERPA Ammendment

    The first amendment of FERPA edited the text to include all institutions that received federal funds. This heightened the sense of importance within institutions (Shurden, S., & Shurden, M., 2010).

  • 2nd FERPA amendment

    For the second amendment, it was stated that state and local educational officials would have access to information if it was deemed important for audits or state-funded programs. This began the importance placed on state funding (Family Education Rights, n.d.).

  • 3rd FERPA Amendment

    The third amendment allowed institutions to give information on disciplinary procedures to victims of violent crimes. This opened up the rights to victims, and gave victims within education a voice (Family Education Rights, n.d.).

  • 4th FERPA Amendment

    The fourth amendment stated that campus police logs must remain available to the public (Family Education Rights, n.d.).

  • 5th FERPA Amendment

    The 5th FERPA Amendment "entended the rights to inspect and review educational records maintained by state environmental agencies not subject to FERPA" (Family Education Rights, n.d., para. 15).

  • 6th FERPA Amendment

    The sixth Amendment focused on the second amendment and decided that schools may disclose to the public the final results on disciplinary proceedings, but it was not required. However, most institutions still feel the need to do so (Family Education Rights, n.d.).

  • 7th FERPA Amendment

    In the 7th FERPA Amendment, it was clarified that FERPA does not prohibit the release of registered sex offenders on campus (Family Education Rights, n.d.).

  • 8th FERPA Amendment

    During the 8th Amendment, it was stated that the attorney general can request and collect information about a student if there is concern for domestic or international terrorism. This was a direct result of the 9/11 terrorist attacks (Family Education Rights, n.d.).

  • 9th FERPA Amendment

    The 9th FERPA Amendment included technical corrections to text of statute.

  • 10th FERPA Amendment

    The tenth FERPA Amendment amended definitions of what educational records consisted of. This was to clarify any misunderstandings (Family Education Rights, n.d.).

  • 11th FERPA Amendment

    The eleventh amendment simply reinterpreted the terms.

  • Current and Near-Future Possibilities for FERPA

    Due to the increasing online student population, it is most likely that FERPA will include another amendment to discuss guidelines for online information. This may include online presentations, online boarding processes, and online advising. Due to the inability to verify a higher education personnel is speaking to the proper student, extended requirements may take place.

  • References

    Elliott, T. L., Fatemi, D., & Wasan, S. (2014). Student privacy rights--history, owasso, and FERPA. Journal Of Higher Education Theory & Practice, 14(4), 34-47. Family educational rights and privacy act. (n.d.). In Electronic Privacy Information Center. Retrieved from https://www.epic.org/privacy/student/ferpa/ Shurden, S., & Shurden, M. (2010). Federal educational rights and privacy act: A historical perspective. Summer Internet Proceedings, 12100-105.