Ferpa Paper

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Family Educational Rights and Privacy Act Valerie V. Richardson 525 March 10, 2014 Devin Andrews Family Education Rights and Privacy Act The focus of this paper is the Family Education Rights and Privacy Act, this act protects the privacy of students in an educational setting. FERPA is a federal law enacted by President Gerald Ford in 1974, which simply states that educational institutions that; have the policy or practice of revealing student’s educational records without the consent of the parent or eligible student (18 years old or older) will have their federal funds discontinued. Under FERPA educational institutions have two years to implement a method to ensure the privacy and protection of student records or all federal funding will cease. Student records can include disciplinary, enrollment, and personal family data. Under section 952, any organizations such as the Armed Forces or military are prohibited from retrieving student data for recruitment purposes FERPA, 2002). The court case that was the catalyst for the purpose of this research was Gonzaga v. John Doe a case were a student at Gonzaga University sued the school for violating the FERPA of 1974. The case cites a student who was an elementary school candidate telling another student about an act of sexual misconduct he had engaged in which, was overheard by Gonzaga’s teacher certification specialist who promptly had the allegations investigated. When the information was substantiated the student was denied his certification affidavit however, the case centered on the University employee identifying the student by name and sharing the allegations with the state agency responsible for issuing the certification. Initially the student won compensatory and punitive damages under the FERPA however, the Washington Court of Appeals reversed in pertinent fragment, “concluding that FERPA does

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