Understanding FERPA
The Family Educational Rights and Privacy Act (FERPA) is a federal law that grants parents the right to access their child's educational records. This law applies to all schools that receive funds from the U.S. Department of Education.
Under FERPA, parents can review their child's education records, request amendments to inaccurate or misleading information, and have some control over the disclosure of personally identifiable information from the records.
What Are Educational Records?
Educational records include a wide range of information maintained by the school related to your child. This can include report cards, transcripts, disciplinary records, contact and family information, and special education records.
These records are considered confidential and are protected under FERPA, meaning they cannot be disclosed without parental consent, except under certain circumstances.
How to Request Records
To access your child's educational records, you typically need to submit a written request to the school. This can often be done via email or a formal letter. Check with your child's school for their specific procedure.
Schools are generally required to comply with a request to access records within a reasonable time, not exceeding 45 days. However, some states may have shorter timelines.
What to Expect When Reviewing Records
Once your request is processed, you will be given an opportunity to inspect and review the records. Schools may provide copies, but they are not required to do so unless providing copies is the only way for you to access the records.
You can take notes, ask questions, and request explanations of any part of the records that are unclear. It's important to review the records carefully to ensure all information is accurate.
Amending Inaccurate Records
If you find information in your child's records that you believe is inaccurate, misleading, or violates your child's privacy rights, you can request an amendment. This request should be made in writing to the school.
The school must decide whether to amend the record within a reasonable time. If the school denies your request, you have the right to a formal hearing.
Exceptions to Parental Access
While FERPA generally provides parents with access to their child's educational records, there are exceptions. For example, once a student turns 18 or attends a postsecondary institution, rights under FERPA transfer to the student.
Additionally, schools can disclose records without consent to certain parties, such as school officials with legitimate educational interests, or in response to a subpoena.
Practical tips
- Submit your request for records in writing to ensure there is a clear record of your request.
- Check your school's specific procedures for accessing records, as they can vary.
- Review the records carefully and take notes on any areas of concern or confusion.
- If you find inaccuracies, submit a written request for amendment promptly.
- Keep a copy of all correspondence with the school regarding records access.
Common mistakes to avoid
- Assuming verbal requests for records will be sufficient; always submit in writing.
- Not reviewing the records thoroughly for accuracy and completeness.
- Failing to follow up if the school does not respond within the expected timeframe.
- Overlooking state-specific timelines and procedures for accessing records.
Frequently asked questions
- What if the school refuses to give me access to my child's records?
- You can file a complaint with the U.S. Department of Education if you believe your rights under FERPA have been violated.
- Can I request my child's records at any time?
- Yes, you can request access to your child's records at any time, but schools have up to 45 days to comply.
- Do I need to pay to get copies of my child's records?
- Schools may charge a fee for copies, but they cannot charge for the time spent retrieving the records.
- Can I see my child's records if they are over 18?
- Once a student turns 18 or attends college, rights under FERPA transfer to the student, but you may still access records if they consent.
- What should I do if I find errors in my child's records?
- Submit a written request to the school asking for the records to be amended. If denied, you can request a formal hearing.