FERPA is a federal law that protects student privacy and outlines parents’ and students’ rights regarding school records. School districts must allow parents to view and correct their children’s records and notify them of any harmful disclosures. Non-harmful directory information can be disclosed without consent. Parents can request access to records, but non-custodial parents may have to pay a fee. Parental rights transfer to the student at 18 or post-secondary education, but exceptions can be made.
Typically, only a student’s parents or legal guardians have access to the student’s education records. These include elementary school, middle school, and high school records. The primary objective is to protect student privacy. It is usually illegal to disclose certain types of information to third parties without a parent’s consent. Some exceptions may be made in the event of an emergency or other extraordinary circumstances. Parents generally have a right to information even if they are divorced and do not share custody of the child.
In the United States, the Family Educational Rights and Privacy Act (FERPA) is a federal law that outlines the rights of parents and students, along with the responsibilities of school districts, regarding school records. There is also a section of the law called the Individuals with Disabilities Education Act (IDEA) that specifically addresses a parent’s access rights to a child’s special education records. In addition to complying with federal law, most states have passed their own rules and regulations regarding access to school records.
FERPA establishes three key responsibilities of school districts regarding education records: They must ensure that parents have the right to view their children’s records. They must also give them the right to correct the information contained in the files if necessary. Finally, they are obligated to notify parents when they disclose information to third parties that could be considered harmful or an invasion of privacy.
In addition to school grades, most school records contain what is commonly called directory information. This is personal data about a student that would not be considered harmful if disclosed to a third party. Invasion of privacy is usually not an issue when disclosing directory information. Some examples include the student’s name, home address, and contact information, and the dates they attended school. In many cases, height and weight information is provided for students on athletic teams for college recruitment purposes.
Parents typically need to submit a written request to access their child’s school records. State laws vary, but schools usually have 45 days to respond to your request. Noncustodial parents also have a right to information, but the school doesn’t have to provide it for free. They may ask the parent to view the school records in person, or they may charge a nominal fee for copying and mailing records to a parent who is unable to travel to school.
Once a student turns 18 or enters a post-secondary institution, parental rights transfer to the student. There are some cases where the parent will still have the right to access the child’s school records. The student can give consent to his parents to view financial information, for example, if he is considered a dependent for tax purposes.
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