Student Privacy Rights

Family Education Right to Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is a federal law that was put in place to protect the educational records of students. In most cases, information from a student’s record cannot be released without prior written consent of the student.

Parental Notification under FERPA

1. Drug and alcohol violation disclosures
   1. IN GENERAL - Nothing in this Act or the Higher Education Act of 1965 shall be construed to prohibit an institution of higher education from disclosing, to a parent or legal guardian of a student, information regarding any violation of any Federal, State or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, if
      1. the student is under the age of 21; and
      2. the institution determines that the student has committed a disciplinary violation with respect to such use or possession.
2. STATE LAW REGARDING DISCLOSURE - Nothing in paragraph (1) shall be construed to supersede any provision of State law that prohibits an institution of higher education from making the disclosure described in subsection (A). See California Information Practices Act below.

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California Information Practices Act

Civil Code § 1798.24. No agency may disclose any personal information in a manner that would link the information disclosed to the individual to whom it pertains unless the disclosure of the information is:

1. Pursuant to a determination by the agency which maintains information that compelling circumstances exist which affect the health or safety of an individual, if upon the disclosure notification is transmitted to the individual to whom the information pertains at his or her last known address. Disclosure shall not be made if it is in conflict with other state or federal laws.