What Can I Do if My Child’s School is Violating a Provision of FERPA?

"If a parent or eligible student believes that the school has violated the Act, he or she can file a written complaint with the Family Policy Compliance Office, which is within the U.S. Department of Education."

"A parent or student must file the complaint with the Office within 180 days of the date of the alleged violation or the date that he or she knew or should have known about the alleged violation.216 In the complaint itself, the filing party has to spell out the underlying facts that led the party to believe that a violation occurred."

"Once the complaint has been filed, the Office will notify the complainant and the school if it decides to investigate the alleged violation. Regarding notice to the school, the Office has to include the substance of the allegations and direct the school to submit a formal written response and other relevant information within a specified period of time."

"After the investigation, the Office will send both the complainant and the school a written notice of its findings and the reasons for its decision. If the Office decides the school violated a provision of the Act, it must spell out in the written notice the specific steps the school has to take to comply with the legislation and give the school a reasonable timeframe for voluntary compliance. However, if the school still refuses to comply after a reasonable timeframe, the Department of Education is authorized to take any available legal action, including withholding payments to the school, compelling compliance through a cease and desist order, or terminating any funding granted to the school."

Read more about FERPA violations and other aspects of education law in our education publication here: https://mayalaw.com/wp-content/uploads/2023/11/Education-Publication.pdf

-

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions about education law in Connecticut or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.