Define: Buckley Amendment

The Buckley Amendment, also known as the Family Educational Rights and Privacy Act (FERPA), is a federal law that protects the privacy of student education records.

The Buckley Amendment covers all educational institutions that receive federal funding, including public and private schools, colleges, and universities.

The Buckley Amendment grants students and their parents the right to access and review their education records, request corrections to inaccurate information, and control the disclosure of their records to third parties.

Under the Buckley Amendment, schools generally cannot disclose student records to third parties without the written consent of the student or their parent, unless it falls under certain exceptions such as health and safety emergencies or when the information is considered directory information.

Directory information includes items such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. Schools may disclose this information without consent unless the student or their parent has opted out.

Once a student turns 18 or attends a postsecondary institution, the rights under the Buckley Amendment transfer from the parents to the student. Parents can only access their child’s education records if the student provides written consent.

While schools can charge a fee for providing copies of education records, they cannot use this fee as a means to prevent access to the records. The fee should be reasonable and not create a barrier to accessing the records.

Under the Buckley Amendment, schools cannot withhold transcripts or diplomas due to unpaid fees. However, schools may have other legal means to collect unpaid fees, such as sending the debt to collections.

Students generally cannot request the removal of disciplinary records from their education records. However, if the disciplinary action was overturned or found to be in violation of the student’s rights, they may be able to request the removal of such records.

If you believe your rights under the Buckley Amendment have been violated, you should first contact the school’s designated FERPA compliance officer to address your concerns. If the issue remains unresolved, you may file a complaint with the U.S. Department of Education’s Family Policy Compliance Office.