FERPA 101: Duties, Processes, and Issues to Keep in Mind During Litigation

Foley Hoag writes:

As colleges and universities know, higher education institutions have a duty to protect the confidentiality of student records, codified in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g.  When such documents are requested in the course of litigation, FERPA dictates the processes and standards a school must apply in response.  The discussion that follows answers the following questions:

• When if ever must a school provide student information to a third party during litigation?
• May the student object to the release of their information, and if so, how?
• What notice must a school give a student before providing student information to a third party?In particular,
• How much advance notice must the student receive?
• What methods of notice are adequate?
• What information must the notice contain?

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