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IAPP Exam CIPP/US Topic 5 Question 82 Discussion

Actual exam question for IAPP's CIPP/US exam
Question #: 82
Topic #: 5
[All CIPP/US Questions]

Which act violates the Family Educational Rights and Privacy Act of 1974 (FERPA)?

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Suggested Answer: A

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. FERPA grants parents or eligible students the right to access, amend, and control the disclosure of their education records, with some exceptions.Schools must obtain written consent from the parent or eligible student before disclosing any personally identifiable information from the education records, unless an exception applies123

Option A violates FERPA because it involves the disclosure of a student's personally identifiable information (PII) from the education records without consent.A student's signed essay about her hometown is considered an education record under FERPA, as it is directly related to the student and maintained by the school12A K-12 assessment vendor is not a school official with a legitimate educational interest, nor does it fall under any of the exceptions that allow disclosure without consent12Therefore, the school must obtain the student's (or the parent's, if the student is a minor) written consent before providing the essay to the vendor for public release.

Option B does not violate FERPA because it involves the disclosure of directory information, which is not considered PII under FERPA.Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed, such as name, address, phone number, e-mail address, major, etc12Schools may disclose directory information without consent, unless the parent or eligible student has opted out of such disclosure12However, schools must notify parents and eligible students of the types of directory information they designate and their right to opt out annually12

Option C does not violate FERPA because it involves the disclosure of information that is not part of the education records.FERPA only applies to education records that are directly related to a student and maintained by the school or a party acting for the school12A newspaper's publication of the names, grade levels, and hometowns of students who made the quarterly honor roll is not based on the education records, but on the newspaper's own sources and reporting. Therefore, FERPA does not prohibit such disclosure.

Option D does not violate FERPA because it involves the disclosure of information under an exception that allows disclosure without consent.FERPA permits schools to disclose education records, or PII from education records, without consent to comply with a judicial order or lawfully issued subpoena, or to appropriate officials in connection with a health or safety emergency123If the university police provide an arrest report to the student's hometown police in response to a subpoena or to prevent a serious threat to the student or others, they are not violating FERPA.


by Penney at Jul 09, 2025, 03:55 AM

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Jill
8 days ago
Wow, these schools are really messing up! Posting a student directory and sharing honor roll info? What were they thinking?
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Stephanie
11 days ago
Option D seems sketchy to me. Sharing a student's arrest record with their hometown police crosses the line, even if they're suspected of a crime.
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Kerry
3 days ago
A) A K-12 assessment vendor obtains a student's signed essay about her hometown from her school to use as an exemplar for public release
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Marlon
13 days ago
I see your point, Brande. Both options B and D could potentially violate FERPA.
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Brande
18 days ago
But what about option D? Isn't sharing an arrest report also a violation of FERPA?
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Gerald
27 days ago
I'd say C is the answer. Releasing student honor roll information to the public without permission is a definite FERPA breach.
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Adria
11 days ago
User 1
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Yvonne
1 months ago
I agree with Marlon, sharing personal details like e-mail addresses is a breach of privacy.
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Kris
1 months ago
Option B is clearly a violation of FERPA. Sharing student directory information without consent is a big no-no.
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German
4 days ago
I agree, sharing names, hometowns, e-mail addresses, and majors in a public student directory without permission is a violation of FERPA.
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German
6 days ago
That's right, option B is definitely a violation of FERPA. Student directory information should not be shared without consent.
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Marlon
1 months ago
I think option B violates FERPA because it exposes personal information.
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