Educational rights and regulations under the FERPA

On Behalf of | Apr 12, 2022 | General Education Law

The Family Educational Rights and Privacy Act of 1974 (FERPA) establishes federal rules and regulations on how people are allowed access to current and former students’ educational records through their schools. Educational verification is often requested by employers, government officials and family members. Privacy laws in Florida prevent any and all information from being released openly to all members of the public.

General rules

The FERPA gives parents the right to view the educational records for a child who is under the age of 18. The parent obtains control over the disclosure of information from the records. This education law affects only schools and educational agencies that are funded by programs under the U.S. Department of Education.

The rights of adult students

Anyone who requests the educational record of a student who is 18 years or older must obtain that person’s permission. An adult student who is enrolled in a post-secondary school is also given the right to prevent the disclosure of grades and enrollment status.

There are a few exceptions to this rule. The FERPA allows the school to disclose the personally identifiable information of an adult student who is a dependent student as classified in Section 152 of the Internal Revenue Code. The parent should claim the student as a dependent on a recent federal income tax return. In that case, the school can disclose the student’s education records to the parent.

The rights of students and parents under FERPA law

Any adult who seeks an education has the right to privacy. Additionally, any parent who cares for a child has the right to know about the child’s educational status. A worker of a school or educational company can be prosecuted under an education law that prevents the illegal disclosure of a student’s information to any requester