A student's education record is not just grades. It can include disciplinary records, attendance, health information held by the school, evaluations, and notes that a future school or program may eventually see. The Family Educational Rights and Privacy Act — FERPA — is the federal law that governs who may look at that record, who it may be shared with, and what to do when something in it is wrong.
The right to inspect, and the 45-day rule
FERPA gives parents — and eligible students — the right to inspect and review the student's education records. A school must respond to a request within a set period; the Department of Education states that schools may not deny the right to inspect within 45 days of a request. Schools must also notify parents and eligible students annually of their rights under FERPA, which is the notice that often arrives in a start-of-year packet and goes unread.
A request is stronger in writing, naming what you want to see. Asking for “the complete education record” rather than one document avoids a partial answer.
At 18, the rights transfer to the student
FERPA defines an eligible student as one who has turned 18 or is attending a postsecondary institution at any age. At that point the rights that belonged to a parent transfer to the student: access to the records, the ability to seek an amendment, and control over disclosure of personally identifiable information, subject to the exceptions in the regulations.
This surprises families in both directions — a student who assumed their parents would always control the file, and a parent who assumed they always would. A student attending college while still under 18 is already an eligible student, which is the case people most often get wrong.
Fixing something that is wrong
FERPA includes a right to request that a record be amended when it is inaccurate or misleading. If the school declines, it must inform the requester and offer a hearing; if the record still stands after that, the student or parent generally has the right to place a statement in the file explaining their disagreement, which then travels with the record.
That last step matters and is widely unknown. A disciplinary entry a family believes is wrong may not be removable, but a permanent accompanying statement means anyone reading the file later sees both accounts rather than one. A complaint can also be filed with the Department of Education's Student Privacy Policy Office.
Remember this
- FERPA gives a right to inspect and review education records; ED states schools may not deny inspection within 45 days of a request.
- Rights transfer to the student at 18, or on enrolling in a postsecondary institution at any age.
- You can ask for an inaccurate record to be amended, and get a hearing if the school refuses.
- If it still stands, you can generally add a written statement of disagreement that travels with the record.
Sources
This article provides general educational information, not individualized legal advice. KidsKnowRights is not a law firm, and reading this article does not create an attorney-client relationship. Laws vary by state, age, and circumstances, and they change over time. For advice about a real situation, talk with a licensed attorney or a legal aid organization.