Category: FERPA

The Family Educational Rights and Privacy Act Guidance for Eligible Students

In addition to addressing parental rights under FERPA, (see, “A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)”), the U.S. Department of Education also has an informational letter for students. This letter discusses what changes in the student/parent relationship once a student reaches 18 or enrolls in an institution of higher education.  According to the Department. . .

Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an “eligible student,” and all rights formerly given to parents under FERPA transfer to the student.

The eligible student has the right to:

  • Have access to his or her education records
  • The right to seek to have the records amended
  • The right to have control over the disclosure of personally identifiable information from the records – except in certain circumstances specified in the FERPA regulations and;
  • The right to file a complaint with the Department

https://studentprivacy.ed.gov/resources/ferpa-general-guidance-students

A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)

Parents frequently believe a signed FERPA gives them what amounts to Power of Attorney to act on their student’s behalf. Indeed, parents have cited FERPA as justification for them to contact instructors, add or drop classes, complete institutional and federal documents, etc. In actuality, FERPA is a law that protects the privacy of a student’s educational records.

A signed FERPA may give parents access to certain educational records and information that they would not otherwise have. This waiver only gives them access to records. It does not confer the right to act on behalf of the student or in his/her stead.

The Department of Education (DOE) put out a helpful “Parent Guide to the Family Educational Rights and Privacy Act (FERPA)”  (studentprivacy.ed.gov/sites/default/files/…) that may be helpful. It specifically addresses the rights provided by FERPA to parents.