The Family Educational Rights and Privacy Act (FERPA) provides parents and eligible students the right to request changes to their education records. FERPA applies to all schools that receive federal funds. Private and faith-based schools that do not receive federal funding are not subject to FERPA. Education records are defined under FERPA to include any record, in any medium, that is directly related to a specific student and that is maintained by the educational institution. These can include academic records, disciplinary records, attendance logs and health-related data or school nursing records.
What is an “Amendment” of an Education Record?
FERPA provides for the opportunity to request “amendment” of students’ records. An amendment can encompass deleting, changing or adding context to an existing record.
Student records may only be deleted or changed in very limited circumstances when a record is shown to be false, violates specific rights or is the result of an error, such as a grade entry error. In other circumstances, parents or eligible students may have a right to add their own context or information to a record, while the original record remains intact.
Grounds to Request Amendment
Under FERPA, a parent or eligible student may request an amendment only on the grounds that a record is:
- Inaccurate (e.g., a grade was entered incorrectly, a misspelling of the child’s name, inaccurate birth date listed, etc.);
- Misleading (e.g., misrepresents a situation by excluding necessary context); or
- In violation of the privacy rights of a student (is unnecessarily derogatory, opinion-based or unrelated to educational/academic judgments)
Importantly, FERPA does not permit parents and students to challenge professional judgments or substantive decisions, such as grades or imposed discipline.
How to Request Amendment of an Education Record
The request to amend an education record should be made in writing. It is important to keep a record of the written request to prove that the request was submitted to the school or institution. Sending an email is one of the most common methods to submit a written request. It is critical to include the reason that the record is being challenged and an explanation of why an amendment is necessary or appropriate under one of the three available bases to challenge a record (i.e. that the record is inaccurate, misleading or violates a student’s privacy rights).
Institutions Must Process Amendment Requests and Issue a Decision
FERPA does not provide a certain amount of time in which an amendment request must be processed, but best practices will typically yield a response within 45 days (the same time frame provided under FERPA for a school to permit a student or eligible parent to review education records). Internal school policies, local regulations or state laws may impose different time frames to respond to amendment requests. Once a decision is made, the institution must give notice to the parent or student of their right to a hearing to challenge the record.
FERPA Hearings – Amendments and Comments to Education Records
A FERPA hearing is a process through which a parent or eligible student has the right to challenge the contents of an education record. The institution may hold the hearing internally. After a hearing, the institution will decide if the information within the record is inaccurate, misleading or otherwise in violation of the privacy rights of the student. If the record is found to be in violation, the institution must amend the record and inform the parent or student of the amendment in writing.
If the institution declines to change or delete the record, it must still inform the parent or eligible student of the right to supplement the record with their comments on the contested information in the record and/or the right to explain why the parent or student disagrees with the institution’s decision following the hearing. Once the record is supplemented with comments, the institution is require to maintain the comments to the record with the record in question and to disclose both the record and its comments when the contested portion of the record is disclosed.
If a hearing does not resolve the issue, or if there is evidence that the institution still violated FERPA, one option is to submit a written complaint to the U.S. Department of Education’s Student Privacy Policy Office (SPPO) within 180 days of the alleged violation. The SPPO will investigate the complaint and may require the educational institution to correct, amend or better adhere to FERPA regulations through informal resolution or enforcement actions.
When you or your child encounter issues involving the intersection of the law and education, KJK’s student and athlete defense attorneys may be able to help. For more information or to discuss further, please contact our attorneys today.