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It explains FERPA’s core duties for covered schools, including parental rights to access and review records and restrictions on disclosure without written parental consent, subject to statutory exceptions. It details exemptions, directory information, de-identified records, and circumstances allowing disclosure to school officials, emergencies, studies, and certain audits. It also discusses enforcement mechanisms and related intersections with Title IX and disputes over parental access to students’ gender identity information.",{"@graph":69,"@context":122},[70,84,105],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":40,"@type":76,"position":81},"https://docshare.wps.com/document/research-report/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/the-family-educational-rights-and-privacy-act-ferpa-legal-issues/584382/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/the-family-educational-rights-and-privacy-act-ferpa-legal-issues/584382.png","ImageObject",300,407,{"name":92,"@type":93},"WPS_1786070896","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-10-31","2026-10-15",true,{"@type":102,"interactionType":103,"userInteractionCount":29},"InteractionCounter",{"@type":104},"ViewAction",{"@type":106,"mainEntity":107},"FAQPage",[108,114,118],{"name":109,"@type":110,"acceptedAnswer":111},"What are FERPA’s two key requirements for covered schools?","Question",{"text":112,"@type":113},"FERPA requires schools to allow parents to access and review their children’s education records. It also prohibits schools from releasing education records, including personally identifiable information, without the written consent of parents, subject to exceptions.","Answer",{"name":115,"@type":110,"acceptedAnswer":116},"Which types of information can be exempt from FERPA’s definition of “education records”?",{"text":117,"@type":113},"FERPA does not govern certain categories of information. For example, it exempts records independently generated by a school’s law enforcement unit for law enforcement purposes, and it includes carve-outs such as directory information when specific procedures are followed.",{"name":119,"@type":110,"acceptedAnswer":120},"How is FERPA enforced and what happens when schools are not in compliance?",{"text":121,"@type":113},"FERPA does not create a private right of action to sue schools for non-compliance. Enforcement is primarily conducted by the Department of Education’s Student Privacy Policy Office, and if administrative resolution fails, the Department may withhold federal funds or terminate eligibility to receive them.","https://schema.org",{"og:url":83,"og:type":124,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":126,"canonical":83},"index,follow",{"doc_id":128,"site_id":62},584382,1792230461,{"code":4,"msg":5,"data":131},{"doc_id":128,"user_id":132,"nickname":92,"user_avatar":133,"doc_module":4,"category_id":39,"category_name":40,"doc_title":65,"doc_description":67,"doc_content":134,"file_id":135,"file_url":136,"file_type":137,"file_size":138,"view_count":29,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":139,"language":140,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":141,"faqs":142,"seo_title":143,"seo_description":67,"update_tm":144,"read_time":145,"preview_page_count":4},549768072016,"https://ap-avatar.wpscdn.com/davatar_155a257f0dc6eb9ab79c44ca47cae57d","The Family Educational Rights and Privacy Act (FERPA): Legal Issues  \nUpdated June 5, 2026  \nCongressional Research Service  \n[https://crsreports.congress.gov](https://crsreports.congress.gov)[ ](https://crsreports.congress.gov)R46799  \nThe Family Educational Rights and Privacy Act (FERPA): Legal Issues  \nSchools generate and maintain numerous student records, including grades, standardized test scores, disciplinary accounts, contact information, mental health records, and more. The Family Educational Rights and Privacy Act (FERPA), which applies to educational agencies andinstitutions that receive financial assistance from the Department of Education (ED), regulates the handling of education records in several ways. 20 U.S.C. § 1232g. The law sets forth two key requirements for covered entities. First, FERPA requires schools to allow parents to access and review their children’s education records. Id. at § 1232g(a)(1) . Second, it prohibits schools from releasing students’ education records, including personally identifiable information, without the  \nwritten consent of their parents, subject to several [exceptions.](exceptions. Id. at)[ Id](exceptions. Id. at)[. at](exceptions. Id. at) § 1232g(b). FERPA defines “education records” as materials that (1)“contain information directly related to a student” and (2)“are maintained by an educational agency or institution or by a person acting for such agency or institution.” [Id](Id. at)[. at](Id. at) § 1232g(a)(4)(A).  \nR46799  \nJune 5, 2026  \nJared P. Cole  \nLegislative Attorney  \nMadeline W. Donley  \nLegislative Attorney  \nFERPA does not govern all materials that may contain information about a student. The statute exempts certain categories of information from its definition of“education records” altogether. Id. at § 1232g(a)(4)(B) . For instance, FERPA’s requirements do not apply to records independently generated by a school’s law enforcement unit (LEU) for law enforcement [purposes.](purposes. Id. at)[ Id](purposes. Id. at)[. at](purposes. Id. at) § 1232g(a)(4)(B)(ii). The statute’s prohibition against disclosing education records also has a carve-out for“directory information,” as long as schools follow specific procedures when doing so. Id. at § 1232g(a)(5) . Under ED regulations, schools may also disclose “de-identified” records without consent. 34 C.F.R. § 99.31(b) . FERPA also has exceptions that permit disclosure of student records in different situations. For example, disclosure of education records absent consent can be permitted to appropriate “school officials,” which can include online educational services, LEUs, and threat assessment teams; 20 U.S.C. § 1232g(b)(1)(A); and to appropriate parties in emergency situations if necessary to protect the health and safety of [students.](students. Id. at)[ Id](students. Id. at)[. at](students. Id. at) § 1232g(b)(1)(I). In addition, schools may disclose education records without consent for the purpose of certain studies, audits, and evaluations. Id. at § 1232g(b)(1)(F). Disclosure can also be permitted toa state law juvenile justice system in order for that system to serve the student effectively. Id. at § 1232g(b)(1)(E) . In these situations and others, FERPA imposes requirements on the recipients of student records regarding use and re-disclosure. Id. at § 1232g(b)(4)(B) . FERPA does not create a private right of action to sue schools for non-compliance. Enforcement of the statute is primarily conducted by ED’s Student Privacy Policy Office, which can review and investigate violations. Id. at § 1232g(g) . When non-compliance is not resolved through the administrative process, ED can withhold federal funds or terminate eligibility to receive federal funds. Id. at § 1232g(f) .  \nIn addition to complying with FERPA’s requirements concerning disclosure of student records, schools that receive federal financial assistance must also abide by the requirements of Title IX of the Education Amendments of 1972. In May 2020, regulat","cbCaia1QtoGlgGvg","https://ap.wps.com/l/cbCaia1QtoGlgGvg","pdf",894096,27,"English","# Overview of FERPA\n## Scope and key requirements\n## Definition of education records\n# Exceptions and permitted disclosures\n## Law enforcement unit and directory information\n## De-identified records and other exceptions\n# Enforcement and related legal issues\n## No private right of action and administrative enforcement\n## Interaction with Title IX\n## Parental access disputes on gender identity","[{\"question\":\"What are FERPA’s two key requirements for covered schools?\",\"answer\":\"FERPA requires schools to allow parents to access and review their children’s education records. It also prohibits schools from releasing education records, including personally identifiable information, without the written consent of parents, subject to exceptions.\"},{\"question\":\"Which types of information can be exempt from FERPA’s definition of “education records”?\",\"answer\":\"FERPA does not govern certain categories of information. For example, it exempts records independently generated by a school’s law enforcement unit for law enforcement purposes, and it includes carve-outs such as directory information when specific procedures are followed.\"},{\"question\":\"How is FERPA enforced and what happens when schools are not in compliance?\",\"answer\":\"FERPA does not create a private right of action to sue schools for non-compliance. Enforcement is primarily conducted by the Department of Education’s Student Privacy Policy Office, and if administrative resolution fails, the Department may withhold federal funds or terminate eligibility to receive them.\"}]","The Family Educational Rights and Privacy Act (FERPA) - Legal Issues | PDF",1792050849,68]