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What is the private right of action under FERPA?

A) The right of a student to file a lawsuit against an educational institution for violating FERPA rights
B) The right of a parent to access their child's educational records
C) The right of a teacher to request student records for grading purposes
D) None of the above

1 Answer

4 votes

Final answer:

The private right of action under FERPA allows students to file a lawsuit against an educational institution for violating their FERPA rights. Option A is correct.

Step-by-step explanation:

The private right of action under the Family Educational Rights and Privacy Act (FERPA) is a legal entitlement afforded to students, granting them the authority to initiate a lawsuit against an educational institution for perceived violations of their FERPA rights. This signifies that if a student contends that their privacy rights, particularly those pertaining to educational records, have been transgressed, they possess the legal recourse to take formal legal action against the institution responsible.

This legal provision underscores the significance placed on safeguarding students' privacy within the educational context. It is essential to clarify that the private right of action is uniquely applicable to students and does not extend to the rights of parents or teachers concerning the access or request of student records. The specificity of this legal entitlement reaffirms the emphasis on individual student autonomy and control over the privacy aspects of their educational information.

In essence, the private right of action encapsulates a pivotal aspect of FERPA, empowering students with the means to seek legal redress in instances where their privacy rights have purportedly been compromised by educational institutions. This legal recourse serves as a protective mechanism, reinforcing the commitment to preserving the confidentiality and privacy of student educational records as mandated by FERPA.

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