How often FERPA regulations require that local education agencies provide parents and eligible students with notification of their rights under FERPA?

Annual Notification and Rights of Parents

FERPA regulations require that local education agencies give annual notification to parents and eligible students of their rights under FERPA (34 CFR § 99.7). The law does not require agencies to notify parents and eligible students individually, but agencies must provide notification where they are likely to see it. In addition, education institutions must make provisions to effectively inform individuals with a disability or whose primary language is not English.

The annual notification process must ensure that parents understand that they have the right to:

  • inspect and review their child's record;
  • seek to amend the record if they believe it to be inaccurate;
  • consent (or not) to disclosures of personally identifiable information; and
  • file a complaint with the U.S. Department of Education concerning the district's failures to comply with FERPA.

Either parent has the right to review an education record unless there is evidence of a court order or state law revoking or restricting these rights. Parents may access the education records of eligible students if they claim the student as a dependent for income tax purposes. However, agencies may require verification of the requester's relationship with the child before providing access to records.

The right of parents to access information is limited to their own child or children. If the education record includes information about other students, that information must be removed prior to disclosure so that parents do not have access to any other child's records. (34 CFR § 99.12)

When parents (or eligible students) request to review their records, the education institution must respond within 45 days, even if these records are kept by an outside party acting for the school. During these 45 days, the education institution cannot destroy any of the requested records.

For more in-depth information on directory information, disclosure of student information, and annual notification to parents, see the Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies (National Forum on Education Statistics, 2004).

How often should colleges should notify students of their rights under FERPA?

Every institution must notify students of their FERPA rights at least annually. Students have the right to see everything in their “education record,” except: • Information about other students. Financial records of parents.

Does FERPA allow my parents to access my educational records?

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 ...

How are FERPA rights provided?

FERPA gives parents/guardians certain rights regarding their child(ren)'s education records. These rights transfer to the student when he or she reaches the age of eighteen or attends a school beyond the high school level. Students to whom the rights have transferred are considered "eligible students."

What is an eligible student according to FERPA?

FERPA defines an eligible student as a student who has reached 18 years of age or is attending a postsecondary institution at any age. This means that, at the secondary level, once a student turns 18, all the rights that once belonged to his or her parents transfer to the student.