FERPA (Family Education Rights and Privacy Act)

The Family Educational Rights and Privacy Act (FERPA) was enacted by the United States Congress in 1974.  The Act sets forth requirements regarding the privacy of student records.  FERPA governs:

  • The release of these records (known as education records) maintained by an educational institution
  • Access to these records.  This law applies to secondary (K-12) and postsecondary education.

Who must comply with FERPA?

Any educational institution or educational agency that receives funds under any program administered by the U.S. Secretary of Education.

What does FERPA require from colleges to be in compliance?

  • Notify students annually regarding their rights under FERPA.  Weber State University provides this notice in each annual catalog, on our website.
  • Protect students' rights to inspect and review their educational records.
  • Protect students' rights to request to amend their education records.
  • Protect students' right to limit disclosure of personally identifiable information (except under a few circumstances).

Who has FERPA rights at the postsecondary level?

A student in attendance (regardless of age) and former students.

  • Student applies to all students attending -- including continuing education students, students auditing a class, and distance education students.
  • In attendance is defined at Weber State University as the first day of the semester in which the student was admitted.

What FERPA rights are given to students?

  • Right to inspect and review their education records.
  • Right to request and amend their education records.
  • Right to limit disclosure of "personally identifiable" (information that would directly identify the student or make the student's identity easily traceable) know as directory information.
  • Right to file a complaint with the Department of Education concerning an alleged failure by Weber State University to comply with the Act.

What are education records under FERPA?

Education records are defined as records that are:

  • Directly related to the student and
  • Maintained by an educational agency or institution or by a party acting for Weber State University.