University Grades: Parental Access And Privacy Rights

In the US, the Family Educational Rights and Privacy Act (FERPA) prevents parents from accessing their children's grades at college unless the student grants the institution permission to do so. This applies to any school that receives federal funding. However, parents may feel entitled to access their child's grades, especially if they are paying for their child's tuition and/or living expenses. While FERPA technically protects the privacy of students aged 18 or over, parents can ask their child to sign a consent form or waiver to allow access.

The Family Educational Rights and Privacy Act (FERPA)

FERPA serves a twofold purpose:

• To grant parents (and students 18 or older) access to information in the student's education record.
• To protect that information from disclosure to third parties without parental consent.

FERPA applies to any educational institution that receives federal funding, which includes all public schools and most private institutions. Under FERPA, a school must allow a parent (or eligible student) to inspect and review the student's education record, schedule a hearing to challenge the content of the record, and insert into such a record a written explanation by the parents regarding the content. Schools may not charge fees for granting access to inspect and review the record, but they are not required to provide copies, so they may charge a fee for copies made at their discretion.

FERPA only prevents the disclosure of education records. However, schools and colleges often cite FERPA as an excuse to deny requests for public records that have little relation to a student's educational life. It is important to note that FERPA has been amended and interpreted so many times that it can be difficult to determine exactly what information is and is not protected as part of an education record.

There are two essential criteria for a document to be considered part of an "education record" under FERPA:

• The record must "directly relate" to a student.
• It must be "maintained by an educational agency or institution or by a person acting for such agency or institution."

FERPA also recognizes a class of basic demographic information known as "directory information," which can be released without violating FERPA. This includes a student's name, address, phone number, honors and awards, and other basic demographics. Schools must tell parents (or eligible students) what will be disclosed and give them an opportunity to submit an opt-out form.

FERPA is enforced by the U.S. Department of Education (DOE), which publishes binding rules for FERPA compliance in the Federal Register. The DOE's Family Policy Compliance Office also issues opinion letters that serve as authoritative guidance. Financial penalties are to be imposed only if the DOE determines that the school will refuse to comply with FERPA voluntarily in the future. To date, the DOE has never imposed a financial penalty for a FERPA violation.

Student privacy laws

In the United States, the Family Educational Rights and Privacy Act (FERPA) is a law that protects student privacy. FERPA safeguards student privacy by limiting who can access student records, outlining the purposes for which they can be accessed, and detailing the rules that must be followed when accessing this data. FERPA applies to students over the age of 18 and prevents parents from accessing their child's grades unless the student grants permission to the institution to share their records. This includes information such as grades, disciplinary records, and medical records.

There are, however, some exceptions to this rule. Firstly, if the student is under 18 years of age, their FERPA rights may differ, and parents may have more access to their records. Secondly, students can sign a waiver allowing the school to share certain information with their parents or others. Lastly, in extenuating circumstances, such as a serious health issue, the university may consider "waiving FERPA" and notifying the parents.

FERPA gives students the power to make decisions about their academic privacy and helps them transition to independent adulthood. While parents may feel entitled to their child's academic information, especially if they are paying for their education, FERPA ensures that students' educational records remain confidential unless the student chooses to share them.

Parental access to grades if the student is a dependent

In the United States, the Family Educational Rights and Privacy Act (FERPA) gives parents control of their children's educational records, including grades, transcripts, course schedules, student financial information, and disciplinary records. However, this control transfers to the student when they turn 18 or go to college. This means that once a student enters higher education, they have the right to access their educational records and withhold them from their parents if they choose.

There are a few exceptions to this rule. Firstly, if a student is a dependent for tax purposes, the college may disclose educational records to the parent, with or without the student's consent. In this case, the parent will need to provide evidence of the student's dependent status, and the steps to do so will be outlined on the Registrar's page of the college website.

Secondly, FERPA allows colleges to contact the parents of students under the age of 21 who violate laws or policies related to drug possession or underage drinking. Additionally, schools are permitted to disclose information in an emergency if it is deemed necessary to protect the health and safety of the student or others.

It is important to note that FERPA does not restrict parents from discussing their child's academic goals and performance with them. While parents may not have automatic access to official records, they can still communicate with their child and offer support and guidance throughout their college journey.

Parental access to grades if the student is under 18

In the US, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of student data. This includes grades, disciplinary records, and medical records. When a student turns 18 or enters a postsecondary institution, the rights of the parents transfer to the student. This means that parents cannot access their child's grades unless the student has signed a consent form.

There are a few exceptions to this rule. Firstly, if the student is under 18, their FERPA rights may differ from those of their older peers. Secondly, a student can sign a waiver allowing the school to disclose information to their parents. Thirdly, some schools may consider waiving FERPA if there are extenuating circumstances, such as a serious health issue. Lastly, if the student is a dependent for tax purposes, the institution may disclose information to the parents, regardless of age.

It is important to note that each university may have different policies and procedures regarding parental access to grades. Students and parents should carefully review the relevant forms and consent processes to understand their specific rights and responsibilities.

The student's right to privacy

In the United States, the Family Educational Rights and Privacy Act (FERPA) protects the privacy of student education records. The Act ensures that parents have control over their children's educational records and that this control is transferred to students when they turn 18 or go to college.

FERPA gives students the right to:

• Inspect and review their education records.
• Seek amendment of their education records if they believe the information is inaccurate, misleading, or in violation of their privacy rights.
• Consent to disclosures of personally identifiable information contained in their education records, except where FERPA authorises disclosure without consent.
• File a complaint with the Family Policy Compliance Office regarding an alleged violation of FERPA.

FERPA also gives students the right to keep their educational records private from third parties, including their parents, unless they provide written consent. Educational records include grades, transcripts, course schedules, student financial information, and disciplinary records.

However, there are some exceptions to this right to privacy. FERPA permits disclosure without consent in specific circumstances, including:

• To other school officials within the institution whom the institution has determined to have legitimate educational interests.
• To officials of another school where the student seeks or intends to enrol, or is already enrolled.
• To authorised representatives of the Attorney General of the United States, the Secretary of the U.S. Department of Education, the Comptroller General of the United States, and state and local educational authorities.
• In connection with financial aid for which the student has applied or which the student has received.
• To state and local officials or authorities as allowed by state statute.
• To organisations conducting studies for, or on behalf of, educational institutions.
• To accrediting organisations.
• To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.
• To comply with a judicial order or lawfully issued subpoena.
• In connection with a health or safety emergency.
• Information designated as "directory information".
• To the parent of a student who is not an eligible student or to the student.
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.
• To a parent of a student regarding the student's violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, if the student is under the age of 21.
• To sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994.

FERPA also permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance. Additionally, schools are permitted to disclose information in an emergency if it is deemed necessary to protect the health and safety of the student or other individuals.

Frequently asked questions