Thus, while FERPA
is the federal education law we rely on most often, it is also the most antiquated.
was created in 1974 to protect records created and maintained
permits a university to disclose education records in connection with a health or safety emergency if the recipient's knowledge of the information is necessary to protect the health or safety of the student or other individuals (34 CFR [section] 99.
To avoid legal liability, it is essential that district leaders understand FERPA
, COPPA and any pertinent state privacy laws.
patchwork," (18) and only FERPA
relates to education.
was enacted by Congress to protect students' privacy by requiring parents or eligible students, that is, students over the age of 18 or enrolled in a postsecondary educational institution, to provide educational agencies and institutions with written consent before their personally identifiable information may be disclosed from their education record.
limits disclosure of student medical records by stipulating that even reportable diseases cannot be disclosed to public health authorities without prior permission from the student, except in an emergency, which is not clearly defined.
Sadly, however, it appears that confusion over the contours of FERPA
, similar state privacy laws, and also the federal Health Insurance Portability and Accountability Act ("HIPAA") has in the past hindered university officials, including those in honors colleges and programs, from helping students who are in trouble.
enables officials to inform parents of underaged students about alcohol or drug violations.
The law, also known by the acronym FERPA
, prohibits the release of the information even if the individual applicants are not named, the university contends.
This guidance addresses the interplay between FERPA
and HIPAA privacy rules at the elementary, secondary, and postsecondary levels, including during health or safety emergencies.
The student must prepare to become his or her own advocate, or grant you, as the parent, access to his or her university records by signing a FERPA