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Education records are defined 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:
- Handwritten notes
- Printed documents
- Electronic files
- Audio and video recordings
- Any other digital or physical medium
Records Typically Included
- Academic transcripts and grades
- Attendance and enrollment records
- Class lists and course schedules
- Health records (K-12 level)
- Student financial aid information (postsecondary level)
- Disciplinary records
Records Typically Excluded
- Sole possession records: Private notes used only as personal memory aids
- Law enforcement records: Created for law enforcement purposes
- Employment records: Unless employment is based on student status
- Treatment records: For students 18+ or in postsecondary education, used only for treatment
- Post-attendance records: Created after you’re no longer a student
- Peer-graded papers: Before they’re collected by a teacher
Records Comparison
| Included Records | Excluded Records |
|---|---|
| Grades and transcripts | Sole possession records (personal notes) |
| Attendance records | Law enforcement unit records |
| Class lists and schedules | Employment records (unless tied to student status) |
| Health records (K-12) | Treatment records (for students 18+ or in college) |
| Financial aid records | Records created after you’ve left school |
| Disciplinary files | Peer-graded papers before collection |
Who Is Considered a “Student” Under FERPA?
Under FERPA, a “student” is any person for whom an educational institution maintains education records. An “eligible student” is one who:
- Has reached 18 years of age, OR
- Attends a postsecondary institution at any age
This distinction matters because when you become an “eligible student,” all FERPA rights transfer from your parents to you.
Even if your parents claim you as a dependent for tax purposes, once you enroll in college, your FERPA rights belong to you, not your parents.
Your Four Core FERPA Rights
As an eligible student, you have four fundamental rights under FERPA:
| Right | Description |
|---|---|
| Right to Inspect and Review | You can access and review your education records within a reasonable timeframe (no more than 45 days) |
| Right to Request Amendment | You can request changes if records contain inaccurate or misleading information |
| Right to Control Disclosure | You must generally provide written consent before your institution can share your information with third parties |
| Right to File a Complaint | You can submit a complaint to the U.S. Department of Education if you believe your institution violated FERPA |
Your Right to Inspect and Review Your Records
FERPA gives you the right to access your education records within a reasonable timeframe. Here’s how it works:
How to Request Access
- Submit a written request to the appropriate office (usually the Registrar)
- Clearly identify which records you want to see
- The institution must provide access within 45 days
About Copies
- Schools aren’t always required to provide copies of records
- If you live far from campus, the school might need to provide copies or make special arrangements
- Schools may charge reasonable fees for copies
Additional Rights
- You can request explanations about the content of your records
- If records contain information about multiple students, you can only see information about yourself
- Some confidential recommendation letters may be off-limits, especially if you’ve waived your right to see them
Your Right to Request Record Amendments
If you believe your records contain incorrect information, you can request changes:
Amendment Process
- Submit a written request identifying the specific information you believe is inaccurate
- Explain in detail why you believe it’s wrong
- The institution must consider your request and respond within a reasonable time
If Your Request Is Denied
- The institution must inform you of its decision
- They must advise you of your right to a hearing
- At the hearing, you can present evidence supporting your position
- If the institution still decides not to amend the record, you can place a statement in your record explaining your disagreement
Important Limitation
- FERPA’s amendment process cannot be used to challenge grades
- Grade disputes typically fall under separate academic grievance procedures
Your Right to Control Information Disclosure
FERPA gives you control over who can access your personally identifiable information (PII):
Written Consent Requirements
For disclosure to third parties, your consent must:
- Be in writing
- Be signed and dated
- Specify which records can be disclosed
- State the purpose of the disclosure
- Identify who can receive the information
Directory Information Exception
Schools may designate certain “directory information” that can be released without your consent:
- Your name, address, phone number, email
- Date and place of birth
- Major field of study
- Enrollment status and attendance dates
- Participation in activities and sports
- Degrees and awards
However, schools must notify you annually about what they consider directory information and give you the option to opt out of its disclosure.
How Schools Handle Record Access
While FERPA establishes your rights, individual institutions determine specific procedures:
- Most designate the Registrar’s Office as the primary contact for FERPA requests
- Many provide online portals for accessing certain records
- The specific process for requesting amendments or restricting directory information varies by institution
When Your Consent Isn’t Required
FERPA includes several exceptions where your information can be shared without your consent:
| Exception | Description |
|---|---|
| School Officials | Those with legitimate educational interest in your records |
| Transfer Schools | Institutions where you’re enrolling or transferring |
| Audit/Evaluation | Government officials evaluating education programs |
| Financial Aid | In connection with your financial aid applications |
| Health/Safety Emergency | To protect your safety or others’ in emergencies |
| Court Orders | In response to valid legal orders or subpoenas |
| Directory Information | Basic information you haven’t opted to restrict |
| Parents (College Students) | If you’re claimed as a dependent for tax purposes |
| Disciplinary Proceedings | Information about violent crimes or sex offenses |
Filing a Complaint for FERPA Violations
If you believe your FERPA rights have been violated:
- Consider first addressing the issue directly with your institution
- File a written complaint with the Student Privacy Policy Office within 180 days
- Submit your complaint to:
- Family Policy Compliance Office
- U.S. Department of Education
- 400 Maryland Avenue, SW
- Washington, DC 20202-8520
You can also file electronically at the Student Privacy website.
Common FERPA Misconceptions
Several misconceptions exist about FERPA:
- Misconception: FERPA covers all information about students. Fact: It only covers official records, not personal knowledge or observations.
- Misconception: FERPA prevents sharing any student information. Fact: The law includes numerous exceptions permitting disclosure.
- Misconception: Parents always have access to college students’ records. Fact: Rights transfer to students at 18 or when entering college.
- Misconception: Peer grading violates FERPA. Fact: The Supreme Court ruled that grades before they’re recorded aren’t education records.
- Misconception: Student health records are covered by HIPAA. Fact: Student health records are typically covered by FERPA, not HIPAA.
- Misconception: “Legitimate educational interest” means unlimited access. Fact: Access is limited to what officials need to perform their duties.
Our articles make government information more accessible. Please consult a qualified professional for financial, legal, or health advice specific to your circumstances.
