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An eligible student means a student who has docHubed the age of 18 or who is attending a postsecondary institution at any age. Once a student becomes an eligible student, the rights afforded his or her parents under FERPA transfer to that student. Source: 20 U.S.C. 1232g(d)
By FindLaw Staff | Legally reviewed by Robert Rafii, Esq.
Some of the most common FERPA violations include: Releasing student directory information without consent: Remember, directory information can only be released without consent if the school has a policy outlining which types of information are considered directory information.
No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions]. 5 U.S.C. 552a(b).
The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 that protects the privacy of student education records. FERPA applies to any public or private elementary, secondary, or post-secondary school.
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Informed consent means simply that the person consenting to the disclosure is aware of the confidentiality of the records, the reason the agency is seeking the information, and what use the agency will make of the information. It also includes an understanding of whether the information may be redisclosed.
FLRA, 975 F. 2d 348, 350 (7th Cir. 1992) (noting that Privacy Act generally prohibits the federal government from disclosing personal information about an individual without the individuals consent). A disclosure can be by any means of communication written, oral, electronic, or mechanical.
Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

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