FERPA 101: Your Rights to Access and Privacy in School Records

When it comes to your child’s education, trust and transparency are essential. Parents and students alike need to know that personal information contained in school records is secure and accessible only to the right people. That’s where FERPA—the Family Educational Rights and Privacy Act—comes into play. If you’ve ever wondered what rights you have to access or control school records, this guide to FERPA 101 will break it down in clear, straightforward terms.

What Is FERPA?

FERPA, also known as the Family Educational Rights and Privacy Act of 1974, is a federal law that protects the privacy of student education records. Schools that receive funding from the U.S. Department of Education must follow FERPA rules. That includes public schools, most colleges, and universities.

Think of FERPA as a shield: it limits who can view or share student records without permission. At the same time, it empowers parents and eligible students (those who are 18 or older or attend a postsecondary institution) to access and review these records.

Why FERPA Matters

School records often contain sensitive information—grades, disciplinary actions, health data, and personal identifiers like addresses or Social Security numbers. Without FERPA, this information could be misused or disclosed without your knowledge.

FERPA ensures that families stay in control of this information. Whether you want to double-check academic accuracy, monitor your child’s progress, or correct errors in a record, FERPA provides the legal framework to make that possible.

Key Rights Under FERPA

Understanding FERPA 101 means knowing your rights. Here are the main protections the law provides:

Right to Access Records – Parents or eligible students have the right to review education records maintained by the school. Schools must provide access within 45 days of receiving a request.

Right to Request Amendments – If you find information in the record that is inaccurate or misleading, you can request corrections. If the school refuses, you have the right to a formal hearing.

Right to Control Disclosure – Schools generally need written consent before sharing student records with third parties. There are exceptions (such as in emergencies or for state officials conducting audits), but consent is the standard.

Right to File a Complaint – If you believe your rights under FERPA have been violated, you can file a complaint with the U.S. Department of Education.

Who Has Access to Records Without Consent?

While FERPA sets a strong privacy standard, there are limited situations where schools can release information without written permission. For example:

• School officials with legitimate educational interests
• Schools to which a student is transferring
• Certain government agencies for audit or compliance purposes
• In connection with financial aid applications
• In health and safety emergencies

Understanding these exceptions is an important part of mastering FERPA 101. They ensure that schools can function efficiently while still respecting privacy.

Directory Information and Opting Out

Another key concept under FERPA is “directory information.” This may include a student’s name, address, phone number, date of birth, honors, and participation in sports or activities. Schools can disclose directory information without consent—but only after notifying families of their intent to do so.

Parents and eligible students can choose to “opt out” of directory information disclosures. If privacy is a major concern for your family, this is an option worth considering.

FERPA in K-12 Schools vs. Higher Education

FERPA applies differently depending on whether the student is a minor or an adult. In K-12 schools, parents hold the right to access and control records. Once a student turns 18 or enrolls in college, those rights transfer to the student.

This shift can sometimes surprise families. For example, parents of college freshmen may not automatically receive grade reports or disciplinary information without the student’s consent. Understanding this transition is crucial for setting expectations before your child leaves for higher education.

How FERPA Protects Your Family

Knowing your rights under FERPA 101 can help you:

• Ensure accuracy in academic records
• Prevent unauthorized sharing of personal information
• Advocate for your child in disputes involving grades or discipline
• Maintain control over how schools handle sensitive data

For families, FERPA is more than just a law—it’s a safeguard for trust in the educational process.

Common Misunderstandings About FERPA

FERPA can sometimes feel confusing. Here are a few common misconceptions:

“I can see all school documents about my child.” – Not quite. FERPA gives access to education records, but not to teachers’ personal notes, law enforcement records, or medical treatment files.

“Schools can never share my child’s information.” – FERPA restricts disclosure but does allow it in specific circumstances, such as emergencies or court orders.

“FERPA covers everyone.” – FERPA only applies to schools receiving federal funding. Private schools that don’t receive federal funds may not be bound by FERPA.

When Legal Help Is Necessary

Most parents and students navigate FERPA requests without needing legal assistance. However, there are times when having an attorney makes sense. For example, if a school refuses to provide access to records, improperly shares information, or denies a request to correct errors, legal guidance may be necessary to protect your rights.

As education law attorneys, we at Hager Law understand how important it is for families to feel secure in their rights. If you encounter obstacles, we can help you pursue the remedies FERPA provides and ensure your family’s privacy is respected.

Final Thoughts: Taking Control of Your Rights

Understanding FERPA 101 empowers families to take an active role in their child’s education. By knowing how to access records, request corrections, and control disclosures, you can make sure sensitive information is handled with care.

At Hager Law, we are committed to supporting parents and students in navigating educational challenges. If you have questions about FERPA or need help asserting your rights, we’re here to guide you with professional and compassionate legal support.