The following page reviews research on FERPA. It summarizes the major issues which have surfaced concerning the policy in an attempt to evaluate it and determine if it works.

 

Compliance

 

• Much research has emphasized the complex nature of the FERPA regulations which have resulted in confusion among educational institutions and often lack of compliance (Dagget, 2008; Levine, 2008; O’Donnell, 2003; Sorensen & Chapman, 1985).

• Though dated, Sorenson and Chapman (1985) conducted a study to determine if secondary schools were complying with FERPA. They look specifically at the practices that align with the policy, those that violate the policy, and those that demonstrate confusion as to the requirements of policy. The study revealed that about a third of schools surveyed were in violation of FERPA and that fewer than 8% of schools were in total compliance with the regulations.

• In particular, areas of confusion emphasized by Sorenson and Chapman (1985) include: confusion as to whether students are allowed to see their own records, confusion in regards to students older than 18, and confusion as to whether schools can disclose educational records to law enforcement officers.

 

 

Debate about Definition of Educational Record

 

• Another area of confusion in regards to FERPA is the debate as to what constitutes a student’s “educational record.”

• The policy states that an educational record is any document which relates to a student and is maintained by the school. This definition has proved very vague with court cases left to interpret what specifically fits into this category. For example, one case determined that private notes about a student written by teachers or administrators are not considered part of a student’s educational record unless the note has been shared with other agents in the school such as teachers in which case the sharing of the note makes it part of the student’s educational record (Sorenson & Chapman, 1985).

• Debate still exists over whether a teacher’s gradebook is considered an educational record and whether or not educational records must be kept in one central location (Elliott, Fatemi, & Wasan, 2014)

• Research has suggested that schools err on the side of conservatism in this regard and assume all documents related to a student are part of their educational record and should not be disclosed if the act would violate FERPA (Elliott, Fatemi, & Wasan, 2014; Sorenson & Chapman, 1985).

 

 

Issues of Access

 

• Despite providing guidelines about who does and does not have access to student records, many researchers have pointed out that either the policy is not clear on these issues or needs further revisions.

• In particular, Weeks (2001) finds issues of access for colleges and universities restrictive to parents. While parents who claim college students as dependents can access grades, the policy does not make this mandatory and many postsecondary institutions only provide access to students. Weeks believes that with this lack of mandating, “too many colleges hide behind the Buckley Amendment to escape their responsibilities to parents” and that “a law that was meant to empower parents should not be used by colleges to deny parents access to their children’s records as long as the parents meet the established qualifications” (p. 49).

• Additionally, issues of access have affected educational research which often seeks access to student educational records for research purposes. Levine (2008) points out the irony in the fact that FERPA makes it difficult for educational researchers to collect such data but that No Child Left Behind emphasizes that policy should be guided by scientifically based educational research. Levine discusses how AERA worked with other educational research organizations to investigate this topic and to propose changes to the policy which would seek a balance between allowing research access and keeping student records confidential.

 

 

Intersection with other Policies

 

• Another issue with FERPA is its intersection with other policies.

• O’Donnell (2003) reminds us that FERPA is only one part of the puzzle that makes up the student records privacy issue and that norms of institutions as well as legal cases shape our interpretation of educational record privacy.

• FERPA also intersects with IDEA which incorporates FERPA but actually creates provisions to provide more privacy for students with special needs (Dragget, 2008).

• Another policy FERPA intersects with is the Health Insurance Portability and Accountability Act (HIPAA) which passed in 2002 and is aimed at protecting health care information. In particular this affects colleges and universities which need to be weary of the intersection between FERPA and HIPAA as they have some discrepancies concerning the release of student records that can be complicated if there is a blurring line between what constitutes and educational record and what constitutes a medical record (Kiel & Knoblauch, 2010).

 

 

Safety vs. Privacy

 

• Another concern with FERPA is the balance between safety and privacy.

• In particular this issue has been raised in regards to college suicides. Baker (2005) reviews this issue, writing about the large number of families of suicide victims who have filed lawsuits against postsecondary institutions because they did not inform them of their child’s suicide attempt(s).

• FERPA does provide a clause which states that educational records can be disclosed without consent in the case of a health emergency, but clarity is needed on what constitutes a health emergency (Baker, 2005).

 

 

FERPA in 21st Century

 

• Dagget (2008) investigates FERPA in light of the 21st century and writes: “FERPA’s developments in the twenty-first century are a strange confluence: an erosion of substantive protection and an evisceration of enforcement options, primarily via its interpretation by the Court, in the face of a congressional approach marked primarily by inaction” (p. 112).

• Her main criticism is that Congress has taken an inattentive stance toward FERPA in the 21st century except in instances where revisions would best serve the government such as in the No Child Left Behind revision of FERPA which allows military recruiters the right to obtain directory information for students (Dagget, 2008).

• Lastly, Dagget points out that more revision is needed in order to address the growing number of student databases created by federal agencies which do not comply with FERPA.