FERPA Explained: Student Education Record Privacy Rights
Who controls a student’s school records, and when the rights pass from parent to student.
The Family Educational Rights and Privacy Act (FERPA) gives parents rights over their child’s education records, and those rights transfer to the student at 18 or on enrolling in a postsecondary school. Schools must let you inspect records within 45 days of a request, consider requests to amend inaccurate records and generally get written consent before disclosing personally identifiable information. Schools may release directory information unless you opt out. Complaints go to the Department of Education within 180 days of the violation or of when you learned of it.
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School records hold grades, discipline notes, attendance and more. FERPA is the main US federal law on who can see them. This guide follows the parent guide published by the US Department of Education’s Student Privacy Policy Office.
What FERPA is
FERPA is a federal law that protects the privacy of students’ education records. It applies to schools that receive funds under a programme administered by the Department of Education. The Department’s guide notes that FERPA generally does not apply to most private and faith-based schools at the elementary and secondary level, because they usually do not receive such funds.
Your core rights
Parents or eligible students have the right to:
- Inspect and review the student’s education records. The school must provide access within 45 days of receiving a request.
- Request amendment of records believed to be inaccurate, misleading or in violation of privacy rights.
- Consent to disclosure of personally identifiable information from the records, except where the law allows disclosure without consent.
- File a complaint with the Department of Education about alleged failures to comply.
When rights move to the student
The rights belong to parents until the student turns 18 or enrols in a postsecondary institution, whichever comes first. At that point the student becomes an “eligible student” and holds the rights. Many parents are surprised that a college can refuse to share grades with them without the student’s consent.
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Directory information
Schools may disclose “directory information”, such as a name, address or participation in activities, without consent, but they must tell you what they treat as directory information and give you a reasonable time to opt out. Opting out is worth considering if you do not want details of your child’s school life shared with outside organisations. Ask your school for its annual notice, which should explain how to opt out.
Correcting a record
If you believe a record is wrong, write to the school, say what you want changed and why. If the school declines, you can ask for a hearing, and if the school still refuses, you can add a statement to the record explaining your view. That statement must be disclosed with the record afterwards.
Complaints
The Department’s guide gives a deadline of 180 days from the date of the alleged violation, or from the date you knew or should have known about it. Keep copies of your request, the school’s reply and any dates.
What FERPA does not do
FERPA is about education records held by schools. It does not govern what you post online or what apps and websites collect about students. For that, see COPPA, and the parents’ guide to children’s digital footprints.
Practical steps for families
- Ask for the annual FERPA notice and read what counts as directory information.
- Opt out of directory information if you prefer, in writing, within the school’s deadline.
- Request records before key moments, such as transfers and college applications, so you can check for errors.
- Check third-party services. Schools often use apps and platforms. Ask which ones receive student data and what the school’s agreements say.
- Keep copies of important records, in case a school closes or records are lost.
- Use caution with identifiers. A student ID, date of birth or address can be misused in identity fraud; see how to prevent identity theft.
Students and their online profile
College applicants and graduates should also check what appears about them online; see the guide for students and checking your presence before a job search.
Sources
- US Department of Education Student Privacy Policy Office: FERPA parent guide (rights, timelines, directory information, complaints)
Frequently asked questions
What does FERPA protect?
The privacy of students’ education records at schools that receive US Department of Education funds.
How long does a school have to show me records?
The Department’s guide says 45 days from receiving your request.
When do FERPA rights pass to the student?
At age 18 or on enrolling in a postsecondary institution, whichever comes first.
Can schools share directory information?
Yes, unless you opt out, and they must tell you what counts as directory information and give you time to opt out.
How long do I have to file a complaint?
180 days from the alleged violation or from when you knew or should have known about it.
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