The Family Educational Rights and Privacy Act: A Legal Overview

Publication Date: November 2005

Publisher: Library of Congress. Congressional Research Service

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Research Area: Education

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Abstract:

The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of those records to third parties. The act, sometimes referred to as the Buckley Amendment, responded to parents' growing concerns over privacy and the belief that parents should have the right to learn about the information schools were using to make decisions concerning their children. Although no substantial changes have been made to FERPA since 2001, there is at least one bill -- H.R. 130 -- in the 109th Congress that proposes to amend the statute. This report provides an overview of FERPA's statutory provisions, as well as discusses several court cases that have clarified the statute's requirements.