Understanding FERPA Implications of the Family Educational Rights and Privacy Act
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This article examines two major issues in the case law surrounding the Family Educational Rights and Privacy Act (FERPA), a federal law that was intended to safeguard student records and also has the potential to withhold federal funding from educational institutions that violate this law. The first issue is that the FERPA statute does not support a private cause of action for individuals to bring suit. Rather, FERPAs penalties to educational institutions are essentially the potential loss of federal funding. The second issue addresses the question of what amounts to an education record under FERPA. Courts seem to favor schools by finding no education record when a document is questionable. However, courts require the release of information when an agency seeking to protect the student is requesting the information.
Abstract
This article examines two major issues in the case law surrounding the Family Educational Rights and Privacy Act (FERPA), a federal law that was intended to safeguard student records and also has the potential to withhold federal funding from educational institutions that violate this law. The first issue is that the FERPA statute does not support a private cause of action for individuals to bring suit. Rather, FERPAs penalties to educational institutions are essentially the potential loss of federal funding. The second issue addresses the question of what amounts to an education record under FERPA. Courts seem to favor schools by finding no education record when a document is questionable. However, courts require the release of information when an agency seeking to protect the student is requesting the information.
참고문헌 (16)
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