Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents/legal guardians certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

• Parents/legal guardians or eligible students have the right to inspect and review the student’s education records maintained by the school, including photos and/or video footage. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents/legal guardians or eligible students to review the records. Schools may charge a fee for copies. Access to education records may be provided electronically, including through secure electronic systems or electronic transmission, provided the method allows the parent/legal guardian or eligible student to inspect and review the records. Schools must comply with a request to inspect and review education records without unnecessary delay and in no case more than forty-five (45) days after the request has been made, in accordance with 34 CFR § 99.10(b).
• Parents/legal guardians or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent/legal guardian or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent/legal guardian or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
• Generally, schools must have written permission from the parent/legal guardian or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
  • School officials with legitimate educational interest;
  • Other schools to which a student is transferring;
  • Specified officials for audit or evaluation purposes;
  • Appropriate parties in connection with financial aid to a student;
  • Organizations conducting certain studies for or on behalf of the school;
  • Accrediting organizations;
  • To comply with a judicial order or lawfully issued subpoena;
  • Appropriate officials in cases of health and safety emergencies; and
  • State and local authorities, within a juvenile justice system, pursuant to specific State law.

Schools may disclose, without consent, directory information as defined by School Board policy 5-66, such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents/legal guardians and eligible students about directory information and allow parents/legal guardians and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents/legal guardians and eligible students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.

A student's individual right to privacy and freedom from unreasonable search and seizure is balanced against the school's responsibility to protect the health, safety and welfare of all persons within the school community. Designated school officials may search any student and their property (including privately owned electronic devices) and/or an impairment assessment completed when there is reasonable suspicion that a law or school rule has been or is about to be broken, or there is reasonable basis to believe that the student possesses an item which violates local, state or federal law, school board policies or division regulations, or which may be harmful to the school or its students and staff. Any illegal materials discovered by school administrators will be seized and turned over to appropriate law personnel.

Metal detectors and other types of surveillance equipment will be used in the schools and at school activities for both random searches and where reasonable suspicion to search is present. Police dogs will be used on school property to detect the presences of weapons, drugs, and/or other contraband. Depending on the infraction, appropriate legal charges can be pressed against a student. Virginia Code §16.1-269.1 permits juveniles, 14 years of age or older at the time of an alleged offense to be prosecuted as adults for specific crimes under certain circumstances.

For more information about student searches, see School Board of the City of Virginia Beach Policy 5-65 and School Board of the City of Virginia Beach Regulation 5-65.1.