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How FERPA Privacy Rights Shift From Parents to Students

A federal law hands most control over school records to students the day they turn 18 or start college — with a few exceptions families should know before that happens.

How FERPA Privacy Rights Shift From Parents to Students

Most privacy rights over a student's school records transfer automatically from parents to the student on the day the student turns 18, or the day the student enrolls in any postsecondary course, under the federal Family Educational Rights and Privacy Act. The rules bend for students claimed as tax dependents, and schools generally have up to 45 days to respond to a request to see a record, according to the U.S. Department of Education's Student Privacy Policy Office.

What Is FERPA, and Who Does It Protect?

FERPA is a federal law that protects the privacy of a student's education records, and it applies to any public school, school district, or college that receives federal education funding — which covers nearly every public K-12 school and most colleges. Under the law, parents can inspect and review their child's records, ask a school to correct information that is inaccurate or misleading, and generally must consent before a school shares personally identifiable information with outsiders, according to the U.S. Department of Education's Student Privacy Policy Office, the federal office that enforces the law and answers schools' compliance questions.

Those protections exist for every student, from kindergarten through graduate school. What changes is who holds them. Below a certain point, that person is a parent or legal guardian. Above it, it's the student — a shift families are often surprised by, because nothing about it requires paperwork or a school announcement.

When Do Privacy Rights Transfer From Parents to the Student?

Rights transfer the moment a student becomes what the law calls an "eligible student" — someone "who has reached 18 years of age or is attending a postsecondary institution at any age," the Department of Education's Student Privacy Policy Office states. That second clause matters for younger students too: a 16-year-old taking a single dual-enrollment class at a community college becomes an eligible student for that college's records, even while still a minor in high school.

At the K-12 level, the change is automatic and total. "Once a student turns 18, all the rights that once belonged to his or her parents transfer to the student," the office's guidance on eligible students says. From that point on, it's the student — not the parent — who decides whether to let a school share grades, disciplinary records, or attendance information, and it's the student who signs any consent form.

For a dual-enrollment student under 18, the picture splits. A separate Education Department FAQ notes that in that situation, the high school retains the parent's access rights to the student's high school record, and the two schools involved may exchange information about the student's enrollment, even though the college treats the same student as an eligible student for its own files.

Can Parents Still See a College Student's Records?

Sometimes, but only through specific exceptions — not by default. A college may disclose "any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules," the Student Privacy Policy Office explains in guidance on parent access to an eligible student's records. In practice, that means a parent who claims a college student as a tax dependent can often still ask the registrar for grades or a bill — but the school isn't required to grant that access without proof of dependent status, and many ask for it before they'll talk to a parent at all.

Three narrower exceptions apply regardless of dependent status. A school may notify parents if a "health or safety emergency" involves their son or daughter. Colleges can tell parents of students under 21 when the student has violated a law or school policy on alcohol or a controlled substance. And school officials can share what they've personally observed — a conversation, a visible injury — as long as they're not describing something written in an education record, according to a broader Department of Education FAQ on FERPA. Outside those situations, a college is generally within its rights to tell an inquiring parent nothing at all, even about a failing grade.

What Is "Directory Information," and Can Families Opt Out?

Schools are allowed to designate certain basic facts as "directory information" and release them without asking permission each time — things like a student's name, address, phone listing, dates of attendance, and participation in officially recognized activities and sports, according to the Department of Education. What counts as directory information is never a student's Social Security number or the ID number used to access school systems.

Schools must tell families, through a notice that's "reasonably likely" to reach them — a handbook or newsletter mention typically counts — that they have the right to opt out of directory information disclosures, and families can act on that notice at any point in the school year. The opt-out has real teeth: a Department of Education FAQ confirms that if a parent or eligible student opts out of releasing name, address, or phone number, that opt-out applies to requests from military recruiters as well as to other outside groups.

How Do You Request or Correct a Record?

The process starts with a written request to the school or college's records office — usually the registrar at the college level, the principal's office in K-12. Once that request is made, the school must provide access "within a reasonable period of time, but not more than 45 days," the Student Privacy Policy Office states. If a parent or eligible student believes something in the record is inaccurate or misleading, they can ask the school to amend it; if the school declines, the requester can ask for a formal hearing to challenge the decision.

None of this requires a lawyer or a formal complaint to start. A student who wants to see their own transcript, or a parent trying to sort out who can now access a teenager's records after a first semester of dual enrollment, can begin with a straightforward written request to the records office — and can ask that office directly which FERPA category applies to their situation before assuming either way.

For a related family perspective, read What Parents Should Know About Chronic Absenteeism.

Sources

  1. U.S. Department of Education, Student Privacy Policy Office — FERPA overview
  2. U.S. Department of Education, Student Privacy Policy Office — Frequently Asked Questions
  3. U.S. Department of Education, Student Privacy Policy Office — FAQ: Must postsecondary institutions provide a parent with access to an eligible student's education records?
  4. U.S. Department of Education, Student Privacy Policy Office — Eligible Student
  5. U.S. Department of Education — Frequently Asked Questions About FERPA