What is the Buckley Amendment waiver?

The Buckley Amendment waiver, commonly known in the context of the Family Educational Rights and Privacy Act (FERPA), is a formal document or form on which a student, parent, or legal guardian can voluntarily waive their FERPA rights regarding access to or control over certain educational records.

Understanding FERPA and the Waiver's Role

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law in the United States that protects the privacy of student education records. It grants parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a postsecondary institution at any age (an "eligible student").

Key rights granted by FERPA include:

• The right to inspect and review the student's education records.
• The right to request that a school correct records that they believe to be inaccurate or misleading.
• The right to have some control over the disclosure of personally identifiable information from education records.

A Buckley Amendment waiver comes into play when an individual chooses to give up some of these rights for specific purposes. It acts as an informed consent mechanism, allowing educational institutions to handle records or provide information in ways that would otherwise be restricted by FERPA.

Key Elements of a Valid Buckley Amendment Waiver

For a Buckley Amendment waiver to be valid and effective, it must adhere to specific requirements to ensure that the individual's decision to waive their rights is truly voluntary and informed.

• Who Can Waive: The waiver must be signed by the student, parent, or legal guardian, depending on the student's age and enrollment status. For eligible students, only the student can sign the waiver.
• Comprehensibility: The waiver form and its content must be easily understandable to the person signing it. This means avoiding overly complex legal jargon and presenting the information clearly.
• Language Accessibility: The waiver must be written in the language of the individual who is signing it. This ensures that linguistic barriers do not prevent full comprehension of the rights being waived.
• Clear Explanation: Beyond simply being comprehensible, the implications of signing the waiver must be clearly explained to the individual before they provide their signature. They should understand what rights they are relinquishing and for what purpose.

Practical Applications of the Waiver

One of the most common scenarios where a Buckley Amendment waiver is utilized is when students apply to colleges, scholarships, or jobs that require letters of recommendation.

• Confidential Letters of Recommendation: When a student requests a letter of recommendation from a teacher, counselor, or administrator, they often sign a FERPA waiver. This waiver typically states that the student waives their right to inspect the contents of that specific recommendation letter.
  • Why is this important? Admissions committees and employers often view confidential recommendations as more honest and insightful, as the recommender knows their comments will not be seen by the student. Waiving the right to access these letters ensures their confidentiality and can potentially strengthen the recommendation's impact.
  • Voluntary Nature: It is crucial that signing such a waiver for recommendation letters is not a requirement for admission to an educational institution or for receiving financial aid or other educational services. The decision to waive this right must be entirely voluntary.

Important Considerations for Educational Institutions

Educational institutions must ensure that any waivers they use are:

• Specific: Waivers should ideally be specific about what information is being waived and for what purpose.
• Voluntary: The institution must not coerce or pressure individuals into signing a waiver.
• Retrievable: Individuals should be able to revoke a waiver in writing, although a revocation does not apply to disclosures made prior to the revocation.

For more detailed information on FERPA and student privacy rights, you can refer to resources from the U.S. Department of Education.