Family Education & Privacy Act 

The Department of Health, Education, and Welfare issued, in the June 17, 1976 Federal Register, the final regulations for implementing the Family Education Rights and Privacy Act of 1974 (P.L. 93-380, 513), as amended (P.L. 93-568, 2).  The effective date of the Act as November 19, 1974.  The amendment is popularly known as the "Buckley Amendment."  The June 17, 1976 final regulations contain all regulatory provisions pertaining to the Family Educational Rights and Privacy Act and supersede the earlier publications of regulations, providing the public with a single document.

ESSENCE OF THE ACT

• Students upon reaching age 18 or attending postsecondary institutions must be permitted to inspect and review their own education records, to the exclusion of their parents.  There are no rights guaranteed under the Act for parents of students attending a postsecondary institution.
• Institutions may not disclose information about students nor permit inspection of their records without their permission unless such action is covered by certain exceptions as stipulated in the Act.
• Students or parents are unlikely to be successful if bringing suit to enforce provision of the Act.  The only enforcement procedure provided by the Act is through complaint to an Office in the Department of Health, Education and Welfare; and the only penalty is withdrawal of Office of Education funds from the Institution.
• Institutions receiving no funds administered by the Office of Education have no obligation for compliance with Act.