- Please review the FERPA General Guidance for Parents or Eligible Students, FAQs and other resources on our Resources page to determine whether FERPA protections apply to your situation.
- If after carefully reviewing the FAQs and guidance, you believe you do have a timely allegation of a school’s failure to comply with your rights under FERPA, you must complete a complaint form. A timely complaint is defined as an allegation of violation of FERPA that is submitted to SPPO within 180 days of the date of the alleged violation or of the date that the parent or eligible student knew or reasonably should have known of the alleged violation.
- Please take the time to outline the relevant facts clearly and succinctly before you complete your complaint form.
- You may wish to contact your local educational agency or institution to seek to resolve your concerns before filing a complaint.
Your FERPA complaint must—
- be in writing and must contain specific allegations of fact giving reasonable cause to believe that a FERPA violation has occurred;
- be filed by the parent of a student at an elementary or secondary school under the age of 18 or an eligible student; and
- Filed within 180 days of the alleged violation or within 180 days after the complainant knew or should have known about the violation.
If your complaint does not meet these requirements, we will notify you that your allegation(s) will not be investigated. Please note that FERPA does not provide the basis for a private suit for enforcement of its provisions against an educational agency or institution.
Parents and eligible students who wish to file a complaint under FERPA should do so by completing the complaint form electronically. Please note that this form is an adobe fillable .pdf and works best when used with Adobe Acrobat. Once you have completed the form you can click “Submit Form.” This will attach the e-mail to your computer’s default e-mail software. If you have not selected a default e-mail program or the one you selected does not open when clicking “Submit Form” you will need to save the form, manually attach it to an e-mail and send it to FERPA.Complaints@ed.gov. Alternatively, you may print out the form, sign and mail it to the following address:
U.S. Department of Education
400 Maryland Ave, SW
Washington, DC 20202-8520
To resolve your complaint, SPPO may need to collect and analyze personal information such as your child’s or your education records, or in some instances the education records of other students supplied to us by the school that are pertinent to the investigation and resolution of the complaint. Please note that no law requires you to provide SPPO with your personal information. Furthermore, complainants, persons such as family members, witnesses, or others are not required by FEPRA to provide information during the complaint resolution process. However, if SPPO does not receive the information needed to resolve your complaint, it may be necessary to close the complaint and issue a finding based on incomplete information.
The Privacy Act of 1974, 5 U.S.C. § 552, governs the protection of personally identifying information contained in records in “systems of records” maintained by Federal agencies, including the U.S. Department of Education. The Privacy Act protects individuals from the misuse of personal information held by the Federal government. It applies to records that are kept and can be located by the individual’s name, social security number, or other personal identifier. It regulates the collection, maintenance, use and dissemination of certain personal information in the files of Federal agencies.
SPPO may disclose information without your consent under one of the 11 instances defined in the Department’s Privacy Act regulation at 34 C.F.R. § 5b.9(b). The cited regulation can be accessed online here. For instance, SPPO may disclose information without your consent to other employees in the Department of Education with a “need to know” to perform their job duties. The Department also has published a system of records notice that covers FERPA complaints that permits SPPO to make any of nine published “routine use” disclosures without your consent which can be found here.
One such routine use disclosure permits SPPO to disclose information without your consent to educational agencies and institutions against which your complaint was filed in order to resolve your complaint. In other words, SPPO may need to reveal certain information to officials at your school, to verify facts or gather additional information related to your complaint. A second published routine use disclosure permits SPPO to disclose your information, without your consent, to a Member of Congress who inquired into your complaint at your request.