Can you believe it? Summer isn’t over yet, but it’s already time to start thinking about the upcoming school year. For parents of younger children, this means shopping for school supplies and new clothes, reestablishing bedtime routines, and mentally preparing for nightly homework battles. Meanwhile, for parents of college-bound kids, it involves navigating the unfamiliar territory of young adulthood. This includes needing legal permission for things they once took for granted, such as accessing their child’s educational records.
While parents of younger kids ensure they have the right pencils, lunchboxes, and shoes, this article focuses on parents who need to prepare the necessary legal documents to ensure they can help their young adults step into this next phase of their lives with their best foot forward.
What is FERPA?
The Family Educational Rights and Privacy Act (FERPA) is a federal law that regulates access to and control over students’ educational records. It applies to all educational institutions that receive funding from any U.S. Department of Education program. The primary goal of FERPA is to protect students’ personally identifiable information (PII) and to establish clear rules about who is—and is not—permitted to access it.
Allocation of Rights Under FERPA
Parents’ rights to their children’s education records are most robust when the student is a minor and not enrolled in a post-secondary institution. These rights include:
- Right to Access: Parents can inspect and review their child’s education records within a reasonable timeframe.
- Right to Request Amendment: If a parent believes that information in the education records is inaccurate, misleading, or violates the student’s rights, they generally have the right to request that the school amend these records.
- Right to Consent to Disclosures: Except for certain exceptions, parents must consent before any information from a student’s education record can be released.
However, these rights transfer to the student once they become an “eligible student.” A child becomes an “eligible student” upon turning 18 or attending a post-secondary institution, regardless of age. At that point, parents generally can only access PII if they can either (a) demonstrate that the child is a dependent for tax purposes or (b) obtain the child’s written consent.
Steps Parents and Eligible Students Must Take to Authorize the Disclosure of PII
If the student is a dependent for tax purposes, parents may obtain access to the education records without further action by the student simply by providing evidence of the student’s dependency status.
For non-dependent students, obtaining access to their educational records requires a specifically formatted consent form signed by the student. This form isn’t your garden-variety permission slip, however. Rather, it must specify which records are to be disclosed and the purpose of the disclosure, as well as identify the parties to whom the records may be released. Additionally, many educational institutions provide their own standardized consent forms to streamline the process and ensure all necessary details are adequately addressed.
Often, these forms are hidden behind a password-protected student portal and are inaccessible to the general public. This password-protected access means students must retrieve the form from their institution’s portal and discuss with their parents the details required on the form, including which records can be disclosed and for what purposes. This approach ensures that the correct procedures are followed and fosters an open dialogue about privacy and responsibility as the student learns to navigate this new chapter of their lives.
When May a School Refuse to Disclose PII to Third Parties That Have Written Consent?
Even with a consent form in hand, however, schools may refuse to disclose PII even when they have received written consent in certain circumstances, including:
- Incomplete or Suspicious Consent: Schools may withhold information if the consent form is missing essential details, such as specifying which records are to be released, the purpose of the disclosure, or the recipient’s identity. Additionally, if there are indications that the consent may be fraudulent or not genuinely obtained from the student, the school has the right to refuse disclosure.
- Legal Constraints: In some cases, state laws or local statutes provide stricter privacy protections than those stipulated by FERPA. If such laws are in place, schools must adhere to these stricter standards and may refuse to disclose information even if consent has been provided under FERPA.
- School Policy: Schools often have their own policies that further define and sometimes restrict the circumstances under which student information may be disclosed. If a school’s internal policies set more restrictive conditions for disclosure than those required by FERPA, the school may refuse to disclose PII following its policies.
In each case, the decision to refuse disclosure is aimed at upholding the integrity of the educational records and protecting the student’s privacy and rights. Schools must carefully navigate these decisions, balancing legal requirements and the individual’s rights and interests.
So, what should a parent do?
As your child heads off to college, familiarize yourself with FERPA, applicable local laws, the school’s privacy policies, and their implications. If you believe you need access to your child’s educational records, discuss this with your child and encourage them to fill out the consent forms where applicable. Staying informed will help you support your child’s academic journey while respecting their right to privacy. Navigating FERPA isn’t just about legal rights—it’s about fostering trust and teamwork as your child steps confidently into adulthood.
To discuss further, please contact KJK attorney Gregory L. Williams (GLW@kjk.com).