An “eligible student” means a student who has reached the age of 18 or who is attending a postsecondary institution at any age. Once a student becomes an “eligible student,” the rights afforded his or her parents under FERPA transfer to that student.
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. 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.
When can a parent access the postsecondary educational records of their eligible student?
While the rights under FERPA transfer from the parents to the student when the student turns 18 or enrolls in a postsecondary institution at any age, FERPA provides ways in which an institution can share education records on the student with their parents, such as:
- Schools may disclose any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules. Neither the age of the student, nor the parent’s status as custodial parent, is relevant to determining whether disclosure of information from the education records of eligible students to a parent without written consent is permissible under FERPA. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision, absent a court order specifically prohibiting it.
- FERPA also permits a school to disclose information from an eligible student’s education records to parents if a health or safety emergency involves their student.
- Another provision in FERPA 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 of possession of alcohol or a controlled substance.
- School officials may also share information with a parent about an eligible student that is based on that official’s personal knowledge or observation and that is not based on information contained in an education record.