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MANAGEMENT OF STUDENT RECORDS
Frequently Asked Questions (FAQ)
DEFINITIONS
What is FERPA?
The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the
right to have access to their children’s education records, the right to seek to have the records
amended, and the right to have some control over the disclosure of personally identifiable
information from the education records. [34 CFR Part 99]
What is “Directory Information?”
FERPA defines "directory information" as information contained in the education records of a
student that would not generally be considered harmful or an invasion of privacy if disclosed.
Typically, "directory information" includes information such as name, address, telephone
listing, date and place of birth, participation in officially recognized activities and sports, and
dates of attendance. [34 CFR §99.37]
What is an “Eligible Student?”
FERPA defines an “eligible student” as a student who has reached 18 years of age or is
attending an institution of postsecondary education. [34 CFR §99.3]
NOTIFICATION
How are parents/eligible students notified about rights under FERPA?
Educational agencies and institutions are required to annually notify parents and eligible
students about their rights under FERPA. [34 CFR §99.7]. A model notification is available on
the Family and Policy Compliance Office (FPCO) website at: FERPA Model Notification of
Rights for Elementary and Secondary Schools
How does a school provide this annual notification to parents/eligible students?
Schools do not have to individually notify parents and eligible students, but do have to notify
them by any means that are reasonably likely to inform the parents or eligible students of
their rights. [34 CFR §99.7(b)]
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COLLECTION AND STORAGE
Can records be scanned and stored in lieu of paper copies of records?
Electronic copies are treated as the original as long as those copies adequately capture any
handwritten notes and signatures.
Are student health records protected under HIPAA?
No. HIPAA Privacy Rule does not apply to primary and secondary schools. A student’s health
records are defined as education records protected under FERPA when the records are released
to, and are maintained by the school. [In re: Student with a Disability, 40 IDELR 119 (SEA NM
2003)]. However, HIPAA and FERPA may overlap at higher education institutions.
ACCESS TO STUDENT RECORDS
How quickly must a school respond to a request for access to records?
Schools must provide access to records within a reasonable amount of time, and in no case
more than forty-five (45) days after the request was made. [34 CFR §99.10(b)]
IDEA: The IDEA states that a school must comply with a request to review records “without
unnecessary delay” and before any meeting regarding an IEP, or any hearing, or resolution
session, and in no case more than 45 days after the request has been made. [34 CFR
§300.613(a)]
Must a school provide copies of student records if requested?
Generally, no. However, if circumstances effectively prevent parents from exercising the right
to inspect and review the student’s education records, the school must provide a copy of the
requested records. [34 CFR §300.613(b)(2)]. The Office for Special Education Programs (OSEP)
has provided that persons who live outside of commuting range are effectively prevented from
exercising the right to inspect and review. [Letter to Longest, 213 IDELR 173 (OSEP 1988)]
IDEA: The IDEA requires a school to provide copies of the Eligibility Report and related
documentation, IEP, and any revised IEP after an amendment. [34 CFR §§ 300.306(a)(2),
300.322(f), & 300.324(a)(6)]
May a school charge a fee for copies of educational records?
Yes. However, the fee for copies must be waived when the charge would effectively prevent
the parent from exercising the right to review and inspect the records. [34 CFR §99.11(a)]
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May a school charge a fee to search for or retrieve records?
No. [34 CFR §99.11(b)]
Can parents/eligible students review and inspect test protocols?
Parents do not have the right to review and inspect documents such as test instruments, test
protocols, question booklets, or interpretive materials, which do not contain personally
identifiable information relating to their child. [Pasadena Unified Sch. Dist., 114 LRP 49748 (SEA
CA 2014); Montgomery County Pub. Schs., 15 FAB 17 (SEA MD 2011); Letter to Anonymous, 14
FAB 32 (FPCO 2010); Letter to Shuster, 11 FAB 30 (OSEP 2007); Letter to MacDonald, 20 IDELR
1159 (OSEP 1993); Letter to Philbin, 115 LRP 18883 (FPCO 10/02/97)]
However, test protocols that include personally identifiable information or are co-mingled with
education records may be education records within the meaning of the IDEA and FERPA, and,
therefore, parents may have the right to inspect and review them. [Letter to Price, 57 IDELR 50
(OSEP 2010); Letter re: Westport Cent. Sch., 8 FAB 35 (FPCO 2005); and Letter to Shuster, 108
LRP 2302 (OSEP 2007)]
Does a parent still have rights if the student is a minor and taking classes at a
college while still in high school?
If a student is attending a postsecondary institution - at any age - the rights under FERPA have
transferred to the student. [34 CFR §99.5(a)(1)]. However, in a situation where a student is
enrolled in both a high school and a postsecondary institution, the two schools may exchange
information on that student. [34 CFR §99.31(a)(2)]. If the student is under 18, the parents still
retain the rights under FERPA at the high school and may inspect and review any records sent
by the postsecondary institution to the high school. [34 CFR §99.5(a)(2)]
Does a parent still have rights if the student is a college student, but still a minor?
The rights under FERPA transfer from the parents to the student once the student turns 18
years old or enters a postsecondary institution at any age. [34 CFR §99.5(a)(1)]. However,
although the rights under FERPA have now transferred to the student, a school may disclose
information from an "eligible student's" education records to the parents of the student,
without the student's consent, if the student is a dependent for tax purposes. Neither the age
of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as
a dependent by either parent for tax purposes, then either parent may have access under this
provision. [34 CFR § 99.31(a)(8)]
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What circumstances can a parent review their adult student’s records after the
student becomes an adult and FERPA rights have transferred to the adult
student?
• When the student is claimed as a dependent for federal income tax purposes by either
parent [34 CFR §99.31(a)(8)];
• The disclosure is in connection with a health or safety emergency under 34 CFR §99.36;
• The disclosure is in regard to the student’s violation of law or policy [34 CFR §§
99.31(a)(14) & (15)]; or
• The disclosure meets any other provision of 34 CFR §99.31(a).
Can the custodial parent prevent a noncustodial parent from accessing records?
No. FERPA rights are given to both parents. The school should assume that a parent has FERPA
rights unless provided evidence to the contrary. [34 CFR §300.613(c)]
Can a parent designate a representative to inspect a student’s record on behalf of
the student’s parent?
FERPA does not explicitly address this issue. Thus, a school may allow a person assigned by the
parent as a delegate to review a student’s records on behalf of the parent.
IDEA: The IDEA specifically grants the right of a parent to have a representative of the parent
inspect and review the records. [34 CFR §300.613(b)(3)]
DISCLOSURE OF STUDENT RECORDS
Under what circumstances may a school disclose information from education
records without consent?
There are numerous exceptions to FERPA’s general prior consent rule that are set forth in the
statute and the regulations. See §99.31 of the FERPA regulations. (34 CFR §99.31)
When may a school disclose “directory information” to third parties without
consent?
A school may disclose "directory information" to third parties without consent if it has given
public notice of the types of information which it has designated as "directory information," the
parent's or eligible student's right to restrict the disclosure of such information, and the period
of time within which a parent or eligible student has to notify the school in writing that he or
she does not want any or all of those types of information designated as "directory
information." [34 CFR §99.31(a)(11)]
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I received a subpoena or judicial order to produce student records. Are there any
precautionary measures I should take before disclosing records in response to a
subpoena or judicial order?
Yes. FERPA requires that the school make a reasonable effort to notify the parent or eligible
student of the order or subpoena in advance of compliance. This allows the parent or eligible
student an opportunity to seek protective action (e.g. file a motion to quash) prior to the
disclosure of information. [34 CFR §99.31(a)(9)]
Must a school receive parental consent prior to sharing information with law
enforcement authorities or probation officers?
Yes. Unless there is a court order or subpoena allowing disclosure of the student’s education
record—or it meets an exception under §99.31 of the FERPA regulations—schools should
obtain consent prior to disclosing information to law enforcement authorities.
DESTRUCTION OF STUDENT RECORDS
Why should student records be destroyed when they are no longer needed?
Records should be destroyed when they are no longer needed — following an appropriate
record retention policy — to minimize information technology and storage costs, and reduce
the likelihood of inadvertent disclosure of student information.
When does FERPA allow a school to destroy student records?
FERPA does not require schools to destroy education records. Schools should refer to state and
local record retention policies, including time frames for eventual destruction of student
records. It is recommended that schools adopt an appropriate records retention policy prior to
proceeding with the destruction of student records.
How long should student records be retained before they are destroyed?
Although FERPA does not designate a retention time period, when developing a record
retention policy, the school should keep in mind other record retention laws. Medicaid
related records must be kept for a period of five (5) years. The General Education Provisions
Act (GEPA) requires that special education records be kept for at least five (5) years.
Must parents/eligible student be notified before destroying special education
records?
Yes. The school must document an attempt to inform a parent/eligible student that special
education records are no longer needed and that they will be destroyed following a reasonable
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number of days after the date of the notice. [34 CFR §300.624(a)]
A parent has requested that a student’s special education records be destroyed.
Should the school comply?
Yes. The IDEA provides that the records “must” be destroyed at the request of parents.
However, a permanent record of a student’s name, address, and phone number, grades,
attendance record, classes attended, grade level completed, and year completed may be
maintained without time limitation. [34 CFR §300.624(b)]
DISCLAIMER: The information in this document is based on the Family Education Rights and
Privacy Act (FERPA) and Individuals with Disabilities Education Act (IDEA) and may not reflect
state or local law(s) in your jurisdiction. The information is provided for general information
purposes and should not be construed as legal advice, nor is it intended to be a substitute for
legal counsel on any subject matter.
