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. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute maybe found at 20 U.S.C. 1232g and the FERPA regulations are found at 34 CFR Part 99.
The rights under FERPA transfer from the parent to the student, once the student turns 18 years old or enters a postsecondary institution at any age. The student has the right to do the following.
1. To inspect and review the student’s education records within 45 days, after the day Lynn University receives a written request for access.
2. To request an amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s right to privacy under FERPA.
3. To provide written consent before Lynn University discloses personally identifiable information from the student’s education records, except where FERPA authorizes disclosure without consent
4. To file a complaint with the U.S. Department of Education concerning alleged failures by Lynn University to comply with FERPA requirements. The name and address of the office that administers FERPA is as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
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 that 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).
The student must provide consent for the school to disclose the information to the parents by completing an authorization form (Buckley). A married student must provide authorization for a spouse or parent to have access to their records. This authorization form (Buckley) must be signed by the student and kept in the Office of the Registrar.
For more information on FERPA, please click here.