FERPA VIOLATION COMPLAINT

Table of Contents

1. Complainant Information
2. Educational Institution
3. Nature of Violation
4. Statement of Facts
5. Legal Basis
6. Relief Requested
7. Declaration
8. Alternative Remedies
9. State-Specific Notes
10. Practitioner Checklist

COMPLAINT OF FERPA VIOLATION

Filed with:
Student Privacy Policy Office (SPPO)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Date: [__/__/____]

I. COMPLAINANT INFORMATION

Name: [________________________________]

Relationship to Student:
☐ Parent of student under 18
☐ Eligible student (18 or older, or attending postsecondary institution)
☐ Attorney or advocate for parent/student

Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

Student Name: [________________________________]

Student Date of Birth: [__/__/____]

Student ID (if known): [________________________________]

II. EDUCATIONAL INSTITUTION

Name of Institution: [________________________________]

Type:
☐ Public K-12 school / school district
☐ Private K-12 school receiving federal funds
☐ Public college or university
☐ Private college or university receiving federal funds

Address: [________________________________]

FERPA Compliance Officer (if known): [NAME, TITLE]

Registrar (if postsecondary): [NAME]

III. NATURE OF VIOLATION

Type of FERPA Violation Alleged:

☐ Unauthorized Disclosure of Education Records (20 U.S.C. § 1232g(b))
The institution disclosed education records or personally identifiable information without prior written consent of the parent/eligible student and without an applicable exception.

☐ Denial of Access to Education Records (20 U.S.C. § 1232g(a)(1))
The institution denied the parent/eligible student the right to inspect and review education records within 45 days of the request.

☐ Failure to Amend Records (20 U.S.C. § 1232g(a)(2))
The institution refused to amend education records that the parent/eligible student believes are inaccurate, misleading, or in violation of privacy rights, and failed to provide a hearing.

☐ Improper Directory Information Disclosure (34 C.F.R. § 99.37)
The institution disclosed directory information without providing proper notice and opt-out opportunity.

☐ Failure to Provide Annual FERPA Notification (34 C.F.R. § 99.7)
The institution failed to provide annual notification of FERPA rights.

☐ Other: [DESCRIBE]

Date(s) of Violation: [________________________________]

IV. STATEMENT OF FACTS

Background

1. [COMPLAINANT NAME] is the [parent / eligible student] of [STUDENT NAME], who [attends / attended] [INSTITUTION NAME].

2. [STUDENT NAME]'s education records are protected under FERPA, 20 U.S.C. § 1232g.

The Violation

3. On or about [DATE], the following occurred: [PROVIDE DETAILED ACCOUNT]

4. The following education records or personally identifiable information were disclosed without consent:
   ☐ Grades or transcripts
   ☐ Disciplinary records
   ☐ Special education / disability records
   ☐ Attendance records
   ☐ Financial aid records
   ☐ Health or medical records maintained by the school
   ☐ Behavioral or counseling records
   ☐ Social Security number or student ID
   ☐ Other: [DESCRIBE]

5. The records were disclosed to:
   ☐ Another student or students
   ☐ A parent of another student
   ☐ An employer
   ☐ Media / press
   ☐ Law enforcement (without proper exception)
   ☐ A third-party vendor or contractor (without proper agreement)
   ☐ Posted publicly (bulletin board, website, social media)
   ☐ Other: [DESCRIBE]

6. Written consent was:
   ☐ Never requested
   ☐ Requested and denied by the parent/eligible student
   ☐ Not applicable — no valid FERPA exception applies

Denial of Access (if applicable)

7. On or about [DATE], Complainant submitted a written request to inspect and review education records.

8. The institution:
   ☐ Failed to respond within 45 days
   ☐ Denied access without legal justification
   ☐ Provided incomplete records
   ☐ Charged excessive fees
   ☐ Other: [DESCRIBE]

Harm Suffered

9. As a result of the FERPA violation:
   ☐ Student's privacy was compromised
   ☐ Student suffered embarrassment, humiliation, or harassment
   ☐ Student suffered academic or disciplinary consequences
   ☐ Student's disability or medical information was exposed
   ☐ Student's safety was jeopardized
   ☐ Other: [DESCRIBE]

V. LEGAL BASIS

FERPA — Unauthorized Disclosure

Under 20 U.S.C. § 1232g(b)(1), no federal funds shall be made available to any educational institution that has a policy or practice of permitting the release of education records or personally identifiable information contained therein, other than directory information, without the written consent of the parent or eligible student, except in specifically enumerated circumstances.

FERPA Exceptions (Not Applicable Here)

The institution cannot rely on any of the following exceptions because [EXPLAIN WHY EACH POTENTIALLY APPLICABLE EXCEPTION DOES NOT APPLY]:

☐ School official with legitimate educational interest (34 C.F.R. § 99.31(a)(1))
☐ Transfer to another school (34 C.F.R. § 99.31(a)(2))
☐ Financial aid purposes (34 C.F.R. § 99.31(a)(4))
☐ Health or safety emergency (34 C.F.R. § 99.31(a)(10) / § 99.36)
☐ Judicial order or subpoena (34 C.F.R. § 99.31(a)(9))
☐ Other: [____]

VI. RELIEF REQUESTED

☐ Investigation by SPPO of the FERPA violation
☐ Determination that the institution violated FERPA
☐ Order requiring the institution to cease the violating practice
☐ Order requiring the institution to adopt compliant FERPA policies
☐ Order requiring staff training on FERPA obligations
☐ Remedial action to mitigate harm from the unauthorized disclosure
☐ Monitoring of institutional FERPA compliance
☐ Initiation of proceedings to withdraw federal funding if compliance is not achieved

DECLARATION

I declare under penalty of perjury that the information in this complaint is true and correct to the best of my knowledge, information, and belief.

Signature: _______________________________

Printed Name: [________________________________]

Date: [__/__/____]

VIII. ALTERNATIVE REMEDIES

☐ State Student Privacy Statutes: Many states have their own student privacy laws with private rights of action.
☐ State Tort Claims: Invasion of privacy, negligence, intentional infliction of emotional distress.
☐ 42 U.S.C. § 1983: May be available if a state constitution or statute creates an enforceable right to student record privacy (but note Gonzaga limits § 1983 FERPA claims).
☐ State Consumer Protection Laws: If records were disclosed by a for-profit institution.
☐ Breach of Contract: If the institution's privacy policy constitutes a contractual obligation.

STATE-SPECIFIC NOTES

California

• State Law: Cal. Educ. Code § 49076 et seq. (student record privacy — broader than FERPA)
• Private Right of Action: Cal. Educ. Code § 49077 (damages for willful violation)
• Note: California also has the Student Online Personal Information Protection Act (SOPIPA) — Cal. Bus. & Prof. Code § 22584

Texas

• State Law: Tex. Educ. Code § 26.004 (parental access to student records)
• Note: Texas Family Code § 153.073 (access to records for parents with court orders)

Florida

• State Law: Fla. Stat. § 1002.22 (student records and reports)
• Note: Florida Constitution Art. I, § 23 provides a right of privacy that may support independent claims

New York

• State Law: N.Y. Educ. Law § 2-d (Student Data Privacy Act — requires data security protections and breach notification)
• Note: Parents may file complaints with the Chief Privacy Officer, NYS Education Department

PRACTITIONER CHECKLIST

☐ Confirmed the institution receives federal financial assistance (FERPA prerequisite)
☐ Verified complainant has standing (parent or eligible student)
☐ Filed complaint within 180 days of the alleged violation (34 C.F.R. § 99.64(c))
☐ Identified specific education records disclosed or access denied
☐ Documented that no valid FERPA exception applies
☐ Preserved evidence of the unauthorized disclosure or access denial
☐ Sent complaint to SPPO via mail or online submission
☐ Evaluated alternative state law remedies for monetary damages
☐ Assessed tort claims (invasion of privacy, negligence)
☐ Documented harm to student from the violation

SOURCES AND REFERENCES

• 20 U.S.C. § 1232g — Family Educational Rights and Privacy Act
• 34 C.F.R. Part 99 — FERPA regulations
• Gonzaga University v. Doe, 536 U.S. 273 (2002) — no private right of action under FERPA
• Owasso Ind. School Dist. v. Falvo, 534 U.S. 426 (2002) — peer grading not an "education record"
• Student Privacy Policy Office (SPPO) — https://studentprivacy.ed.gov