How do Title IX and FERPA interact in practice?

• A. FERPA governs discrimination; Title IX protects education records.
• B. Title IX governs the response to discrimination; FERPA protects education records; schools must balance disclosure for investigation with privacy rights.
• C. They are unrelated.
• D. FERPA overrides Title IX completely.

Answer: (B)

The main idea is that Title IX directs how a school must respond to discrimination and sexual harassment, while FERPA controls how student records and information about students can be shared. In practice, a school conducts a Title IX investigation by gathering facts and providing a fair process for all parties. FERPA then provides the privacy framework: disclosures should be limited to those who need to know for the investigation or for enforcing a response, such as the Title IX investigator, the parties involved, witnesses, and other school officials with a legitimate educational interest. Disclosures may occur without a student’s consent when permitted for the investigation or for compliance with legal requirements, and to coordinate the institution’s Title IX response. In short, Title IX drives the need to investigate and address discrimination, while FERPA sets the boundaries on sharing information to protect privacy.

The other options aren’t accurate because FERPA isn’t about discrimination and Title IX isn’t about education records; they aren’t unrelated or in a hierarchy where one completely overrides the other.