To which entities does FERPA apply?
FERPA is a federal law that only applies to schools that receive certain funds from the U.S. Department of Education which includes Western Washington University.
What data is covered?
FERPA covers "education records" which are records that are:
1) Directly related to a student, and
2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
The legal definition of an education record under FERPA includes certain exclusions.
What does the law require?
FERPA affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (eligible student).
Legal Authority: U.S. Department of Education
Law/regulations: 20 U.S.C. § 1232g; 34 CFR Part 99
Federal website: https://studentprivacy.ed.gov/
FERPA Resources at WWU:
For students and parents
For faculty and staff
To which entities does the law apply?
The HEOA is a federal law that applies to institutions that receive federal funds under a number of federal programs (e.g., Perkins Loan Program, Pell Grants) which provide financial assistance for students in postsecondary institutions.
What data does it cover?
Its regulations require data protection of personal information that students are required to submit to postsecondary institutions in order to participate in certain programs such as financial aid and residence life.
What does the law require in regard to privacy?
Any entity handling personal information collected for the purpose certain programs covered under the HEOA shall maintain reasonable and appropriate administrative, technical, and physical safeguards to ensure the integrity and confidentiality of the information, and to protect against security threats, or unauthorized uses or disclosures of the information provided on the electronic version of the forms.
Legal Authority: U.S. Department of Education
Law/Regulations: P.L. 110-315
Federal Website: https://www2.ed.gov/policy/highered/leg/hea08/index.html
