FERPA Rights Explained: What Parents and Students Have the Right to See in School Records
Learn how FERPA gives parents and eligible students the right to inspect school education records, request corrections, protect student privacy, and understand who can access student information.
PRIVACY
Staff Writer
7/30/20269 min read
If your child attends school in the United States, you may have more rights to review their school records than you realize.
The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents certain rights regarding their children's education records. These rights generally transfer to the student when the student turns 18 years old or attends a postsecondary institution at any age. At that point, FERPA refers to the student as an “eligible student.”
FERPA is sometimes described online as giving parents or students the “right to see everything in school records.” That description needs an important qualification.
FERPA provides a broad right to inspect and review education records, but it does not necessarily provide access to every document, note, communication, or record that exists somewhere within a school.
Understanding that difference can help parents and students use their FERPA rights effectively.
What Is FERPA?
FERPA is a federal law protecting the privacy of student education records. It applies to educational agencies and institutions that receive funds under programs administered by the U.S. Department of Education.
According to the U.S. Department of Education, FERPA provides parents with three major rights involving their children's education records:
The right to inspect and review education records.
The right to seek amendment of records believed to be inaccurate.
The right to have some control over the disclosure of personally identifiable information contained in education records.
Schools must also annually notify parents and eligible students of their FERPA rights.
Once a student turns 18 or attends a postsecondary institution at any age, these FERPA rights generally transfer from the parent to the student.
What Counts as an Education Record?
This is one of the most important parts of understanding FERPA.
The U.S. Department of Education defines education records generally as records that are directly related to a student and maintained by an educational agency or institution, or by a party acting for the agency or institution.
Education records can include information stored in many different formats.
Examples may include:
Grades
Transcripts
Class lists
Course schedules
K–12 student health records
Student financial information at the postsecondary level
Student discipline files
Certain emails
Certain photographs, audio recordings, or videos
Whether something qualifies as an education record depends on the circumstances, including whether it is directly related to the student and maintained by the school or someone acting on its behalf.
The Benefits of FERPA Rights for Parents and Students
1. Parents Can See What Is Actually in Their Child's Education Records
One of FERPA's most valuable protections is transparency.
Rather than relying entirely on verbal explanations about a child's educational history, parents generally have the right to inspect and review the child's education records while FERPA rights remain with the parent.
This can give parents a clearer picture of information the school maintains concerning their child.
That could include grades, disciplinary records, schedules and other qualifying education records.
2. Schools Generally Have 45 Days to Provide Access
FERPA does not allow a covered school to indefinitely delay a valid request to inspect education records.
Under federal regulations, the educational agency or institution must comply with a request within a reasonable period of time, but no later than 45 days after receiving the request.
Parents should keep in mind that state laws or school policies may sometimes provide additional requirements, but the FERPA standard establishes the federal maximum of 45 days.
3. You Can Ask the School to Explain the Records
Getting access to a record is useful, but education records can contain terminology, codes or information that is difficult to understand.
FERPA regulations require schools to respond to reasonable requests for explanations and interpretations of education records.
That means a parent or eligible student does not necessarily have to look at an unfamiliar record and simply guess what it means.
4. FERPA Can Help Identify Incorrect Information
Access is particularly important when an education record contains information a parent or eligible student believes is inaccurate or misleading.
FERPA gives parents and eligible students the right to seek amendment of education records they believe contain inaccurate information.
If the school decides not to amend the record as requested, FERPA provides procedures that can include a hearing regarding the request.
This gives families and eligible students a formal process for challenging qualifying information in education records rather than simply accepting an error indefinitely.
5. FERPA Provides Important Student Privacy Protections
FERPA is not only about obtaining records.
It is also a privacy law.
Generally, schools must obtain written consent from a parent or eligible student before disclosing personally identifiable information from education records.
However, this rule has several important exceptions.
For example, FERPA permits certain disclosures without consent to school officials who meet applicable requirements and have legitimate educational interests.
There are also exceptions involving matters such as health or safety emergencies and other circumstances specified by federal law.
6. You May Be Able to Control the Release of “Directory Information”
FERPA allows schools to designate certain information as directory information.
Examples can include a student's name, address, telephone listing, participation in officially recognized activities and sports, and dates of attendance.
A school may disclose properly designated directory information without prior consent if it follows FERPA's notice requirements.
However, parents and eligible students must be given an opportunity to tell the school that they do not want designated directory information disclosed.
That makes reading your school's annual FERPA and directory-information notices particularly important.
7. Schools Generally Maintain Records of Certain Disclosures
FERPA generally requires schools to maintain a record of requests for access to and disclosures of personally identifiable information from a student's education records.
There are exceptions to this recordkeeping requirement, including certain disclosures to parents or eligible students, school officials, parties receiving information pursuant to written consent, and parties receiving directory information.
When the disclosure record requirement applies, it can provide additional transparency regarding who has requested or received protected student information.
8. FERPA Can Be Particularly Useful During Disputes or Transitions
Education records can become especially important when a student changes schools, questions arise concerning disciplinary actions, or a family believes information in the student's record may be incorrect.
Knowing what the school actually maintains can help parents and eligible students make decisions based on the documented record rather than assumptions.
How Do You Request Your Child's Education Records?
FERPA requires schools to annually notify parents and eligible students of their FERPA rights, including the procedures for inspecting and reviewing education records.
Because procedures can differ by school or district, start by reviewing your school's annual FERPA notice or contacting the appropriate school administrator or records office.
When submitting a request, it can be helpful to make the request in writing and clearly identify the education records you want to inspect.
Keeping a dated copy of your request can also provide a record of when it was submitted.
Remember: under FERPA, the school must provide access within a reasonable period of time, not exceeding 45 days after receiving the request.
Does FERPA Require the School to Give You Copies?
Not necessarily.
This is another important FERPA limitation that is frequently misunderstood.
FERPA generally gives parents and eligible students the right to inspect and review education records. It does not automatically require schools to provide copies of every requested record.
However, if circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the records, the school must either provide copies or make other arrangements that allow the records to be inspected and reviewed.
Schools generally may charge for copies when permitted, but they may not charge a fee to search for or retrieve education records.
The Downsides and Limitations of FERPA
FERPA provides substantial protections, but there are several limitations parents and students should understand.
FERPA Does Not Mean You Can See Literally Everything
The phrase “parents have the right to see everything in their child's school records” can be misleading.
FERPA's inspection right applies to education records as defined by the law.
Certain categories of records are specifically excluded from FERPA's definition of education records.
For example, qualifying records kept in the sole possession of their maker and used only as a personal memory aid are excluded.
Certain records created and maintained by a school's law enforcement unit for law-enforcement purposes are also excluded.
Other exclusions can apply to certain employment records, certain treatment records involving eligible students, records created after someone is no longer a student when those records are unrelated to the person's attendance, and grades on peer-graded papers before those grades are collected and recorded by a teacher.
Information About Other Students May Be Restricted
Suppose a record contains information about your child and another student.
FERPA does not automatically give you the right to inspect the other student's protected information.
Under FERPA regulations, when an education record contains information about more than one student, a parent or eligible student generally has the right to inspect and review — or be informed of — only the information relating specifically to that student.
This issue can become particularly complicated with school surveillance videos and other records involving multiple students.
FERPA Has Exceptions Allowing Disclosure Without Consent
Parents sometimes assume that a school can never disclose education-record information without permission.
That is incorrect.
FERPA contains multiple exceptions under which personally identifiable information from education records may be disclosed without prior written consent when applicable requirements are satisfied.
Examples include certain disclosures to school officials with legitimate educational interests and disclosures during qualifying health or safety emergencies.
Directory Information May Be Disclosed Unless You Opt Out
If a school properly designates certain information as directory information and follows FERPA's notice requirements, that information may generally be disclosed without prior consent unless the parent or eligible student has opted out as permitted by the school's notice.
Parents should therefore pay attention to FERPA notices sent at the beginning of the school year rather than automatically treating them as routine paperwork.
Parents' FERPA Rights Generally Transfer to the Student
When a student turns 18 or attends a postsecondary institution at any age, FERPA rights generally transfer to that student.
This can surprise parents of college students.
Once the student becomes an eligible student, a college generally does not have to give parents unrestricted access to the student's education records merely because they are the student's parents.
FERPA does permit certain disclosures to parents in specified circumstances. For example, a postsecondary institution may disclose education-record information to parents without the eligible student's consent if the student is a dependent for federal income tax purposes. Other exceptions may also apply.
FERPA Does Not Require Schools to Create Records
Another limitation worth knowing is that FERPA generally does not require a school to create education records or maintain every record indefinitely.
The Department of Education states that FERPA does not require schools to create education records or require schools to maintain records, except that a school may not destroy education records while there is an outstanding request to inspect and review them.
Therefore, FERPA should not be interpreted as requiring a school to produce a document that was never created or is not maintained by the school.
Why Parents Should Understand Their FERPA Rights
Many parents carefully monitor report cards, attendance and teacher communications but may never formally inspect their child's education records.
FERPA provides a legal framework that allows parents — and later eligible students — to become more informed about the education records maintained by a school.
Knowing these rights can help you:
Understand what information the school maintains.
Identify potentially inaccurate information.
Ask for explanations of records you do not understand.
Request amendment of qualifying records you believe are inaccurate.
Better understand how student information may be disclosed.
Make informed decisions about directory-information disclosures.
Know when FERPA rights transfer from the parent to the student.
The key is remembering that FERPA provides access to education records, not necessarily every piece of information that exists somewhere within a school.
Bottom Line
FERPA gives parents and eligible students significant rights over student education records.
Parents generally have the right to inspect and review their child's education records, request amendment of records they believe are inaccurate, and exercise certain control over the disclosure of personally identifiable information.
Schools must generally provide access to education records within 45 days of receiving a request.
But FERPA is not an unlimited “right to see everything” law. Some records are excluded from FERPA's definition of education records, information concerning other students may be protected, and the law contains exceptions allowing certain disclosures without consent.
For parents and students, understanding both the protections and the limitations of FERPA is the best way to use these rights effectively.
DISCLAIMER
This article is provided for general informational and educational purposes only and does not constitute legal advice. FERPA requirements can depend on the specific facts, the type of educational institution, and other applicable federal or state laws. School policies and state student-record laws may provide additional rights or requirements. Parents, students, and guardians with questions about a specific situation should review their school's FERPA notice, consult official U.S. Department of Education guidance, or seek advice from a qualified attorney.
Sources and Direct Links
U.S. Department of Education — Protecting Student Privacy: What Is FERPA?
Official overview explaining FERPA and the rights provided to parents and eligible students.
What Is FERPA? – U.S. Department of Education
U.S. Department of Education — FERPA Regulations
Includes the federal regulations governing inspection and review, the 45-day access requirement, fees, limitations and other FERPA provisions.
FERPA Regulations – U.S. Department of Education
U.S. Department of Education — Legal Basics
Official summary of FERPA rights, including inspection, amendment and consent requirements.
FERPA Legal Basics
U.S. Department of Education — What Is an Education Record?
Explains which types of student information may qualify as education records under FERPA.
What Is an Education Record?
U.S. Department of Education — What Records Are Exempted From FERPA?
Explains categories of records excluded from FERPA's definition of education records.
Records Exempted From FERPA
U.S. Department of Education — Directory Information
Explains directory information and parents' and eligible students' ability to restrict its disclosure.
FERPA Directory Information
U.S. Department of Education — Frequently Asked Questions
Official FERPA FAQs covering access, disclosure, consent, recordkeeping and other student-privacy questions.
FERPA Frequently Asked Questions
U.S. Department of Education — Parent Access to Postsecondary Records
Explains when FERPA rights transfer to students and circumstances in which colleges may disclose information to parents.
Parent Access to Eligible Student Records
Primary Legal Authority: Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g, and implementing regulations at 34 C.F.R. Part 99.
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