Last updated 7 months ago. Our resources are updated regularly but please keep in mind that links, programs, policies, and contact information do change.
The Family Educational Rights and Privacy Act (FERPA) is a federal law protecting the privacy of student education records. According to the U.S. Department of Education, FERPA gives parents the right to:
- Inspect and review their children’s education records
- Request amendments to those records
- Control the disclosure of personally identifiable information from the records
FERPA applies to educational institutions receiving federal funding from the U.S. Department of Education, including public elementary and secondary schools and most private educational institutions participating in federal programs.
Some private and parochial schools might not be subject to FERPA if they don’t receive funding through programs administered by the Secretary of Education.
Rights Transfer at Age 18
FERPA rights transfer from parents to students when they turn 18 or enter a postsecondary educational institution at any age. At this point, the student is designated as an “eligible student” and assumes all rights previously held by their parents.
However, an exception exists for students claimed as dependents by their parents for tax purposes. In these cases, schools may disclose education records to parents even after the student has turned 18, though they aren’t legally required to do so.
State-Level Variations
While FERPA provides a federal framework, implementation details can vary by state. For example, the Florida Department of Education requires school districts to comply with parental requests within 30 days, compared to the federal guideline of 45 days.
Parents should check their state’s department of education website for any additional regulations related to FERPA.
Who Qualifies as a “Parent” and “Student” Under FERPA?
Parent Definition
Under FERPA, a “parent” includes natural parents, guardians, or individuals acting as parents in the absence of a natural parent or guardian. This inclusive definition recognizes diverse family structures and caregiving arrangements.
Both custodial and non-custodial parents have full and equal rights to access their child’s education records, unless a court order, state statute, or other legally binding document specifically revokes these rights.
Stepparents’ Rights
Stepparents are generally considered to have the same rights as natural parents if they:
- Live with the child on a day-to-day basis
- Live with one of the child’s natural parents
- The other natural parent is absent from the home
Stepparents who don’t live with the child typically don’t have independent FERPA rights.
Student Definition
A “student” under FERPA is any individual who is or has been in attendance at an educational agency or institution. This includes people enrolled in:
- Traditional in-person programs
- Cooperative study programs
- Correspondence courses
- Video conferencing
- Satellite, internet, or other electronic learning formats
Your Right to Inspect and Review Education Records
A fundamental FERPA right is parents’ ability to inspect and review any education records related to their child that are maintained by the school. This keeps parents informed about academic progress, attendance, disciplinary actions, and other key information.
Timeline for Access
Schools must comply with record requests within a reasonable period, not exceeding 45 days after receiving the request. Some states have shorter timelines:
- California: 5 business days
- Florida: 30 days
Parents should check their state’s specific regulations.
Access vs. Copies
While parents have the right to inspect records, schools generally aren’t required to provide copies unless it’s impossible for the parent to review the originals in person (such as when the parent lives far from the school).
If schools do provide copies, they may charge a reasonable fee for reproduction or retrieval. However, they cannot charge a fee if it would prevent a parent from exercising their right to inspect the records.
Explanation Rights
Parents have the right to receive reasonable explanations of their child’s records from school staff. This ensures parents fully understand the information and its implications.
Parents of students with disabilities have additional rights under the Individuals with Disabilities Education Act (IDEA) to receive responses to reasonable requests for explanation and interpretation of records.
The Right to Request Amendment of School Records
FERPA gives parents the right to request amendments to their child’s education records if they believe the records are inaccurate, misleading, or violate the child’s privacy rights.
Amendment Process
- Submit a written request to the school official responsible for the record (typically the principal or registrar)
- Clearly identify the part of the record believed to be inaccurate or misleading
- Explain why you believe it’s inaccurate and how it should be changed
- Provide any supporting documentation
The school must consider your request and decide within a reasonable time whether to make the changes. They must notify you in writing of their decision.
If Your Request Is Denied
If the school decides not to amend the record, they must inform you of your right to a formal hearing. To request a hearing:
- Submit a written request to the school
- The school will arrange a hearing and notify you of the date, time, and place
- At the hearing, you can present evidence supporting your claim
- The school will issue a written decision based on the evidence presented
Statement of Disagreement
If the school still decides not to amend the record after the hearing, you have the right to insert a statement of disagreement into the record. This statement:
- Explains your perspective on the contested information
- Becomes a permanent part of the student’s record
- Must be disclosed whenever the contested portion of the record is released
FERPA’s amendment process addresses factual inaccuracies or misleading information. It cannot be used to challenge grades, teacher opinions, or school decisions if they were accurately recorded.
Controlling Information: Consent to Disclosure
A key FERPA protection is the requirement for written consent before schools can disclose personally identifiable information (PII) from a child’s education records to third parties.
Valid Consent Requirements
For consent to be valid under FERPA, it must be:
- In writing
- Signed and dated
- Clearly specify which records may be disclosed
- State the purpose of the disclosure
- Identify who may receive the information
Oral consent is not sufficient for disclosure of personally identifiable information.
Directory Information Exception
FERPA allows an exception for “directory information” – information not generally considered harmful if disclosed. Schools can release directory information without prior consent if they:
- Provide public notice about what the school considers directory information
- Give parents the right to opt out of disclosure
Common directory information includes:
- Student’s name, address, phone number, email
- Photograph
- Date and place of birth
- Major field of study
- Grade level
- Enrollment status
- Dates of attendance
- Participation in activities and sports
- Degrees and awards
Schools must inform parents annually about their directory information policies and opt-out procedures.
What Counts as “Education Records” Under FERPA?
FERPA broadly defines “education records” as any records directly related to a student and maintained by an educational institution or a party acting for the institution.
These records can exist in various formats, including handwriting, print, computer media, video, audio, film, and email.
Records Typically Included
- Academic transcripts
- Grades
- Class lists and schedules
- Attendance records
- Disciplinary records
- Health records maintained by the school (K-12 level)
- Special education records (IEPs, 504 plans)
- Test scores
- Coursework (papers, exams)
- Student financial information (postsecondary level)
- Personal information (name, address, contact details)
Records Typically Excluded
FERPA excludes certain types of records from its definition of “education records”:
- Sole possession records: Private notes kept by staff as personal memory aids, not shared with others
- Law enforcement unit records: Records created and maintained by a school’s law enforcement unit for law enforcement purposes
- Employee records: Records relating to individuals employed by the school (except student employees)
- Medical treatment records: Records of students 18+ or in postsecondary education made by healthcare providers and used only for treatment
- Post-attendance records: Records created after a student is no longer attending
- Peer-graded papers: Before they’re collected and recorded by a teacher
Records Comparison Table
| Included Records | Excluded Records |
|---|---|
| Academic transcripts | Sole possession records (teacher’s private notes) |
| Grades | Law enforcement unit records |
| Class schedules | Records of non-student employees |
| Attendance records | Certain medical treatment records (postsecondary) |
| Disciplinary records | Alumni records |
| Health records (K-12) | Peer-graded papers before collection |
| Special education records | |
| Test scores | |
| Coursework | |
| Student financial records | |
| Personal information |
How to Request Access to Your Child’s Records
Follow these steps to exercise your right to inspect your child’s education records:
1. Identify the Right Contact
Determine who handles record requests at your child’s school. This is often the principal’s office or school registrar. Many schools have a designated FERPA officer. Check the school’s website for their student records policy.
2. Submit a Written Request
While some states accept oral requests, a written request (letter or email) creates documentation of your communication and when it was sent.
3. Be Specific About Records
Clearly specify which education records you want to see. Instead of asking for “all records,” list specific documents such as:
- Academic transcripts for a particular year
- Attendance records
- Special education reports
4. State Your Intent
Clearly state that you’re the student’s parent and are requesting to inspect records under FERPA.
5. Keep Documentation
Retain a copy of your request with the date sent. If delivering in person, ask for a date-stamped receipt.
6. Follow Up If Needed
If you don’t receive a response within the required timeframe (45 days federal maximum, possibly shorter in your state), politely follow up with the school.
7. Review Options
The school will notify you when and where you can inspect the records, typically during regular school hours. If you live far from the school, you can request copies or alternative arrangements. Schools may charge reasonable fees for copies.
If you encounter problems with your request, contact the school district administration or special education office if applicable. If you believe your FERPA rights have been violated, you can file a complaint with the U.S. Department of Education’s Student Privacy Policy Office.
When Parental Consent Isn’t Required
While consent is generally required for disclosure of personally identifiable information, FERPA allows several exceptions:
School Officials with Legitimate Educational Interests
Schools can share information with teachers, principals, counselors, and staff who need access to fulfill their professional responsibilities. Schools must define what constitutes a “legitimate educational interest” in their annual FERPA notifications.
Schools to Which a Student Is Transferring
This allows for smooth transition of academic records when students change schools.
Health and Safety Emergencies
Schools may disclose information to appropriate parties if necessary to protect the health or safety of the student or others. This exception is limited to the duration of the emergency.
Court Orders and Subpoenas
Schools can disclose records in response to a court order or lawfully issued subpoena. In most cases, they must make reasonable efforts to notify the parent before complying.
Parents of Dependent Students
Schools may share information with parents of students over 18 who are claimed as dependents on federal income tax returns.
Authorized Representatives for Audits and Evaluations
Disclosures are permitted to representatives of the U.S. Comptroller General, Attorney General, Secretary of Education, or state/local educational authorities for auditing or evaluating education programs.
Organizations Conducting Studies
Schools may share information with organizations conducting studies to develop tests, administer student aid programs, or improve instruction.
Resources for More Information
For additional information about your FERPA rights:
- U.S. Department of Education Student Privacy Policy Office – Provides comprehensive information, regulations, and guidance
- Parent Guide to FERPA – Accessible overview of parents’ rights
- FERPA Complaint Form – For filing complaints about potential violations
- Contact the U.S. Department of Education at 400 Maryland Avenue, SW, Washington, D.C. 20202, or call 1-800-USA-LEARN (1-800-872-5327)
- Check your school district’s website for specific FERPA policies and procedures
- Your state’s Department of Education may offer additional FERPA resources and guidance
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.
