Consequences of School Violations of FERPA: A Comprehensive Guide
The Family Educational Rights and Privacy Act (FERPA) is a United States law designed to protect the privacy of students' education records. However, what happens if a school violates FERPA? This article explores the potential repercussions, legal actions, and measures taken by authorities to address such breaches.
Understanding FERPA
FERPA, enacted in 1974, ensures that students have access to their education records and allows them to request corrections. It also restricts schools from disclosing personally identifiable information (PII) from these records without written consent from the student or their parent/guardian (if the student is under 18).
Penalties for FERPA Violations
Contrary to popular belief, FERPA does not explicitly mention financial penalties or punitive measures for schools that violate the act. However, violations can lead to significant consequences, including legal actions and potential fines.
Legal Actions
If a school is found to have violated FERPA, individuals or groups can file a complaint with the U.S. Department of Education's Family Policy Compliance Office (FPCO). The FPCO will investigate the complaint and, if substantiated, may recommend sanctions or corrective actions.
Consequences of a FPCO investigation can include:
Issuance of a corrective action plan for the school to follow. Stricter oversight and monitoring of the school's compliance. Potential revocation of federal funding if the violation is severe and ongoing.Initiating Legal Proceedings
In cases where the investigation by the FPCO is insufficient, individuals may opt to file a lawsuit against the school. These legal proceedings can be complex and may involve multiple aspects of FERPA and other related laws. Courts may order the following:
Restitution to the affected individuals. Compensation for damages incurred due to the violation. Public apologies and statements from the school.Preventing FERPA Violations
While it's essential to understand the potential legal repercussions, proactive measures can help prevent FERPA violations. Schools should uphold the following best practices:
1. Education and Training: Staff members, including teachers, administrators, and IT professionals, should receive regular training on FERPA and its requirements. This ensures that everyone understands their responsibilities and the importance of student privacy.
2. Data Management Policies: Implement robust data management policies that outline how to handle student records securely. This includes strict access controls, encryption, and regular audits.
3. Parental/Guardian Involvement: Maintain clear and consistent communication with parents and guardians about FERPA policies and procedures. Encourage them to review their child's records and provide feedback.
Conclusion
The Family Educational Rights and Privacy Act (FERPA) plays a crucial role in ensuring the privacy of student records. While direct penalties for schools are not explicitly outlined, violations can result in significant legal and administrative consequences. By understanding the act and implementing best practices, schools can proactively prevent FERPA violations and maintain their commitment to student privacy.