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The Family Educational Rights and Privacy Act (FERPA) is a cornerstone of student privacy within the United States educational system. This federal law safeguards the confidentiality of students’ educational records, ensuring that sensitive information is protected from unauthorized disclosure.
Two primary events trigger the start of FERPA rights: reaching the age of 18 and enrolling in a postsecondary institution. Understanding the distinction between these triggers and their implications is essential for navigating the educational landscape and advocating for privacy rights effectively.
What is FERPA?
FERPA is a federal law designed to protect the privacy of student education records. This legislation grants certain rights to parents regarding their children’s education records, and these rights subsequently transfer to the student at a specific point.
The fundamental aim of FERPA is to ensure the confidentiality of these records and to provide a framework for students (or their parents, under certain conditions) to access and control the dissemination of their educational information.
FERPA’s provisions apply to any public or private school, from the K-12 level up to postsecondary institutions, that receives funding from the U.S. Department of Education. This broad reach underscores the significant role FERPA plays in maintaining the privacy and security of educational data across the nation.
FERPA Rights and the Age of Majority
A significant milestone in the commencement of FERPA rights is when a student reaches the age of 18, the age of majority in most jurisdictions within the United States.
Upon turning 18, a student is legally considered an adult, and the rights previously held by their parents under FERPA are transferred directly to them. At this point, the student becomes an “eligible student” and assumes control over their educational records.
These rights include:
- The power to inspect and review their education records
- The ability to request corrections to any information they believe to be inaccurate or misleading
- The authority to provide written consent before their education records can be disclosed to most third parties
This transition has notable implications for parents. Generally, once their child turns 18, parents no longer have the automatic right to access their child’s educational records without the student’s explicit written permission.
This shift reflects the legal recognition of the student’s adulthood and their capacity to make decisions regarding their own educational information.
Even for students with disabilities, the age of 18 marks a point where they are typically considered adults capable of making their own educational and medical decisions, unless a court-appointed guardian exists or the student chooses to share decision-making.
Postsecondary Enrollment: Triggering FERPA Rights Regardless of Age
In addition to reaching the age of 18, another key event that triggers FERPA rights for a student is their enrollment in a postsecondary educational institution, such as a college or university.
This is a particularly important aspect of FERPA because it means that even if a student is under the age of 18, once they are officially enrolled in a postsecondary program, they are immediately granted the rights afforded to an “eligible student” under FERPA.
In this scenario, the student is treated as having the primary right to control their postsecondary education records, and generally, their parents do not have the right to access these records without the student’s express written consent.
This creates a distinction between how FERPA rights are handled in secondary (high school) versus postsecondary education. For instance, a 17-year-old who is enrolled in college courses will have FERPA rights regarding their college records, which are separate from the rights their parents might still hold concerning their high school records.
The principle underlying this is that postsecondary education signifies a step towards greater independence and self-management, and therefore, the student is given direct control over their academic information at this level, irrespective of their age.
Parental Rights Under FERPA: Before the Transition
Before a student either turns 18 or enrolls in a postsecondary institution, FERPA grants specific rights to their parents or legal guardians regarding the student’s education records.
These rights are designed to ensure that parents can be actively involved in their child’s education and can advocate on their behalf.
These rights include:
- The fundamental right to inspect and review any education records directly related to their child
- The right to request that the school correct any records they believe to be inaccurate or misleading
- The requirement of parental consent before personally identifiable information from their child’s education records can be disclosed to third parties
- The right to file a formal complaint with the U.S. Department of Education if they believe that a school has violated their rights under FERPA
Within the realm of special education, parental rights are even more detailed, encompassing aspects such as prior written notice regarding changes to a child’s education, the necessity of parental consent for certain actions, and the right to access information and participate in hearings.
FERPA and Parents of Postsecondary Students: What Access Remains?
While the general rule is that parents of postsecondary students lose direct access to their child’s education records once the student turns 18 or enrolls in a postsecondary institution, FERPA does outline specific and limited circumstances under which parental access is still permitted without the student’s explicit written consent.
Exceptions for Parental Access
- Tax Dependency: If the student is claimed as a dependent on their parents’ federal income tax return, as defined by the IRS rules. In such cases, educational institutions may choose to disclose education records to the parents, although they are not legally obligated to do so.
- Health or Safety Emergencies: If an institution determines that an emergency exists, they may disclose personally identifiable information from the student’s education records to appropriate parties, including parents, if that knowledge is necessary to protect the health or safety of the student or other individuals. This disclosure is limited to the duration of the emergency and must be made on a case-by-case basis.
- Alcohol or Drug Violations: If a postsecondary student under the age of 21 has been found to have violated any law or policy concerning the use or possession of alcohol or a controlled substance, the institution may inform the parents.
- Legal Requirements: If a parent obtains a subpoena or a court order, they may also be granted access to the student’s education records.
- Student Consent: Parents can always access their postsecondary student’s education records if the student provides their explicit written consent for the disclosure.
It is important to note that even in cases where a student is claimed as a tax dependent, the institution is not required to notify the parent if the student requests to be removed from the contact list, underscoring the student’s continuing right to control who receives their information.
Common Questions and Scenarios
Understanding the nuances of when FERPA rights begin often involves considering various common scenarios encountered in the educational landscape.
Dual Enrollment
One frequent situation is dual enrollment, where a student under the age of 18 is enrolled in both high school and college courses.
In these cases, the postsecondary institution treats the student as an eligible student with respect to their college records. This means the college generally requires the student’s consent to share their college grades or other educational information with their parents.
However, the high school, because the student is still under 18 and enrolled in secondary education, can typically share the student’s entire academic record, including the college grades, with the parents.
This highlights that FERPA rights can be held by different parties depending on the educational level.
Parental Requests for Information
Another common scenario involves parental requests for information about a student who has either turned 18 or enrolled in college.
For example, if a parent calls a university seeking their 19-year-old child’s grades, the university will generally not be able to provide this information without the student’s written consent.
Institutions often have specific procedures for students to grant such consent.
Directory Information
Directory information is another area of frequent inquiry. This includes basic information such as:
- A student’s name
- Address
- Phone number
- Email address
- Date and place of birth
- Major field of study
- Dates of attendance
- Grade level
- Enrollment status
- Most recent educational agency or institution attended
- Degrees, honors, and awards received
Schools can disclose directory information without the student’s consent unless the student has formally opted out of such disclosures.
Sharing Information with Other Institutions
Sharing information with other institutions is also permitted under FERPA. Schools can disclose a student’s education records to another school in which the student seeks or intends to enroll.
This facilitates the transfer process and ensures the receiving institution has the necessary academic history.
Health and Safety Emergencies
Health and safety emergencies provide an exception to the typical FERPA restrictions. If there is an immediate threat to the health or safety of the student or others, educational institutions can disclose relevant information to appropriate parties, such as public health officials in the event of an infectious disease outbreak.
Similarly, in cases involving law enforcement investigations, while a general release of information may not be permitted without a subpoena, institutions can often share specific details, such as confirming a student’s class schedule, if needed for an ongoing investigation.
FERPA Rights at a Glance
| Scenario | Student Age | Enrollment Status | FERPA Rights Holder | Parental Access Without Consent? |
|---|---|---|---|---|
| 17-year-old in high school | Under 18 | Secondary | Parent | Yes |
| 17-year-old enrolled in college (dual enrollment) | Under 18 | Postsecondary (College) | Student | Generally no for college records, but high school can still share with parents. College may share if student is tax dependent. |
| 19-year-old enrolled in college | Over 18 | Postsecondary (College) | Student | Generally no, unless student provides written consent, is a tax dependent (institution’s discretion), or in a health/safety emergency. |
| Parent requests transcript of 20-year-old college student | Over 18 | Postsecondary (College) | Student | No, unless student provides written consent or the dependency exception applies. |
| College needs to share records with another college where student is transferring | Any age | Postsecondary (College) | Student | Yes, permissible under FERPA. |
| High school needs to share records with a college where a 16-year-old is applying | Under 18 | Secondary (Applying to College) | Parent | Yes, as the student is still under 18 and in secondary education. |
The complexities surrounding FERPA, particularly in situations like dual enrollment, underscore the need for clear understanding and communication among all parties involved – students, parents, high schools, and postsecondary institutions. The differing rules that apply based on the educational level can indeed lead to confusion if not properly clarified.
Case Studies: FERPA in Practice
To further clarify how FERPA applies in practice, consider the following case studies:
Case Study 1: The 18-Year-Old College Freshman
An 18-year-old student begins their first year of college. Their parents, accustomed to receiving regular updates on their child’s academic performance, call the university’s registrar office requesting their child’s grades.
The university informs the parents that because the student is now 18 years old, they are considered an eligible student under FERPA. Therefore, the university cannot release any academic information, including grades, to the parents without the student’s explicit written consent.
The student must sign a release form specifying what information can be shared and with whom.
Case Study 2: The Dual-Enrolled Minor
A 17-year-old high school student is concurrently taking courses at the local community college as part of a dual enrollment program. At the end of the semester, the student’s parents contact the high school counselor to inquire about their child’s performance in the college courses.
In this scenario, the high school counselor can typically share the student’s college grades with the parents because the student is still under 18 and enrolled in secondary education, and the college coursework is part of their overall high school academic record.
However, if the parents were to contact the community college directly seeking the same information, the college would generally require the 17-year-old student’s consent before releasing their college grades to the parents.
Case Study 3: Emergency Contact
A 20-year-old college student experiences a severe allergic reaction during a campus event. The university’s emergency response team, after assessing the situation, determines that it constitutes a health and safety emergency.
Following established protocols, the university contacts the student’s parents, who are listed as emergency contacts, to inform them of the situation and the student’s condition.
This action is permissible under FERPA’s health or safety emergency exception, as the disclosure is necessary to protect the well-being of the student. The information shared is limited to what is relevant to the emergency.
Case Study 4: Tax Dependency
A 20-year-old student is enrolled in a four-year university and is still claimed as a dependent on their parents’ federal income tax return. The parents contact the university’s financial aid office requesting information about their child’s academic progress, specifically their GPA, as a condition for continued financial support.
In this situation, the university’s policy will dictate whether they choose to disclose this information. FERPA permits the university to share education records with the parents of a dependent student without the student’s consent.
However, the university is not mandated to do so and may still require the student’s written consent to release the information.
These examples illustrate the practical application of FERPA’s principles in various educational contexts, highlighting how the rules regarding access to student records are influenced by the student’s age and enrollment status.
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