What are the liabilities or penalties if an education agency or institution violates FERPA?
A. An education agency or institution subject to FERPA may not have a policy or practice of disclosing education records, or nondirectory, personally identifiable information from education records, without the written consent of the parent or eligible student, except as allowed by law. If a complaint is received by the Department of Education alleging a violation of FERPA, the FPCO investigates the complaint to determine if a violation of FERPA occurred. If a school is found to be out of compliance with FERPA, the FPCO works to bring the school into voluntary compliance with the law. If voluntary compliance is not achieved, then a school would be in jeopardy of losing federal education dollars. There is no private cause of action (right to sue) under FERPA and, in 2002, the U.S. Supreme Court ruled in Gonzaga University v. John Doe that students and parents may not sue for damages under 42 USC 1983 to enforce provisions of FERPA.
Related Questions
- Does FERPA prevent an institution from including appropriate information in a students education records concerning disciplinary action against the student?
- What are the liabilities or penalties if an education agency or institution violates FERPA?
- Is there a government agency that oversees education issues with regard to local schools?
