Navigating Student Privacy: When Can Education Records Be Shared?

Are you a parent wondering who has access to your child's school grades, disciplinary reports, or health information? Or perhaps you're a student curious about the privacy of your own academic journey? The world of education records can feel like a complex maze, leaving many unsure about when and how this sensitive information can be shared. But understanding your rights and the rules governing these records is crucial for protecting student privacy.

This comprehensive guide will demystify the regulations surrounding education records, providing clear answers on when they can be shared, who can access them, and what steps you can take to safeguard this personal information.

Understanding FERPA: The Cornerstone of Student Privacy

At the heart of education record privacy in the United States is the Family Educational Rights and Privacy Act (FERPA). Enacted in 1974, FERPA is a federal law that protects the privacy of student education records. It applies to any public or private elementary, secondary, or post-secondary school and any state or local education agency that receives federal funds from the U.S. Department of Education.

FERPA serves two primary purposes:

• It grants parents (and eligible students) the right to inspect and review their own education records.
• It prohibits educational institutions from disclosing "personally identifiable information" (PII) from education records without the written consent of the student, or, if the student is a minor, the student's parents.

What exactly constitutes an "education record"? Generally, it's any record directly related to a student and maintained by an educational institution or its agent. This can include personal identifiers, bio-demographic data, academic records like test scores, GPA, graded papers, transcripts, and even financial aid information.

Who Has the Rights Under FERPA?

Initially, FERPA rights belong to the parents of a student. However, these rights transfer to the student when they reach the age of 18 or begin attending a post-secondary institution, regardless of their age. At this point, the student becomes an "eligible student" under FERPA.

General Rule: Parental/Student Consent is Key

The fundamental principle under FERPA is that schools must obtain written consent from parents or eligible students before disclosing any personally identifiable information from a student's education record. This consent must be specific, detailing:

• The records to be released.
• The purpose of the disclosure.
• The party or parties to whom the records may be disclosed.
• It must also be signed and dated by the parent or eligible student.

This ensures that individuals maintain control over their sensitive educational data.

Exceptions to the Consent Rule: When Records Can Be Shared Without Permission

While consent is the general rule, FERPA includes several important exceptions that allow education records to be shared without prior written permission. These exceptions are designed to balance student privacy with legitimate educational and safety needs.

Here are the most common circumstances under which education records can be shared without consent:

1. School Officials with Legitimate Educational Interest

School officials, including teachers, administrators, and support staff, can access education records if they have a "legitimate educational interest." This means they need the information to fulfill their professional responsibilities in support of the school's educational mission. For example, a teacher might access a student's test scores to understand their academic progress, but not out of mere curiosity.

2. Transfers to Other Schools

When a student seeks to enroll or intends to enroll in another school, the current school can disclose education records to the new institution without consent. This facilitates a smooth transition for the student.

3. Health and Safety Emergencies

In situations involving a health or safety emergency, schools may disclose information from education records to appropriate parties if it is necessary to protect the health or safety of the student or others. This exception was notably applicable during the COVID-19 pandemic for sharing immunization records.

4. Judicial Orders or Lawfully Issued Subpoenas

Schools must comply with judicial orders or lawfully issued subpoenas, which may require the disclosure of education records. Generally, the institution must make a reasonable attempt to notify the student in advance, unless the subpoena specifically prohibits such notification.

5. Directory Information

Schools can designate certain information as "directory information," which can be disclosed without consent. This typically includes information that is not considered harmful or an invasion of privacy if released, such as:

• Student's name
• Address
• Telephone number
• Date and place of birth
• Dates of attendance
• Enrollment status
• Degrees, honors, and awards received

However, schools must inform parents and eligible students about what information they designate as directory information and provide a reasonable amount of time for them to "opt-out" of its disclosure. If a parent or student opts out, that information cannot be released.

6. Audits and Evaluations

Education records can be disclosed to state and local authorities, or other authorized representatives, for the purpose of auditing or evaluating federal or state-supported education programs, or for enforcing federal laws related to those programs.

7. Financial Aid

Information can be shared with parties in connection with a student's application for or receipt of financial aid, if the information is necessary to determine eligibility, amount, conditions, or enforcement of the terms of the aid.

8. Juvenile Justice System

Schools may disclose education records to state and local authorities within a juvenile justice system, provided the disclosure is made pursuant to a state law.

9. Studies Conducted for Educational Agencies

Organizations conducting studies for educational agencies or institutions (e.g., related to test development, student aid programs, or instructional improvement) may access records, provided personally identifiable information is protected and destroyed when no longer needed.

10. Disclosure to Parents of Dependent Students (Post-Secondary)

Even if a student is attending a post-secondary institution and FERPA rights have transferred to them, schools may (but are not required to) disclose education records to parents if the student is claimed as a dependent for tax purposes.

Your Rights and How to Protect Them

Understanding when education records can be shared is only one part of the equation; knowing your rights and how to exercise them is equally important.

• Right to Inspect and Review: Parents and eligible students have the right to inspect and review the student's education records within 45 days of a request.
• Right to Request Amendment: If you believe information in an education record is inaccurate, misleading, or violates privacy rights, you have the right to request an amendment. If the school denies the request, you have the right to a formal hearing.
• Right to Control Disclosure: As discussed, you have the right to provide written consent before the disclosure of personally identifiable information, except in the specific circumstances outlined by FERPA.
• Right to File a Complaint: If you believe a school has violated your (or your child's) FERPA rights, you can file a complaint with the U.S. Department of Education's Student Privacy Policy Office (SPPO) (formerly Family Policy Compliance Office). Complaints must generally be filed within 180 days of the alleged violation.

To protect your privacy, always be aware of your school's annual FERPA notice, which outlines their policies regarding student records and your rights.

Conclusion

The privacy of education records is a critical aspect of student well-being and parental rights. While the general rule under FERPA emphasizes the need for consent before sharing sensitive information, there are specific, well-defined exceptions designed to ensure legitimate educational interests and safety are met.

By understanding when education records can be shared, you empower yourself to advocate for student privacy and ensure that personal information is handled responsibly. Don't hesitate to familiarize yourself with your school's specific FERPA policies and exercise your rights if you have concerns. Your proactive engagement is key to protecting these vital records.

Frequently Asked Questions

Q1: Can a teacher share my child's grades with another parent?

No, generally a teacher cannot share your child's grades with another parent without your written consent, as grades are considered personally identifiable information protected by FERPA. The only exception would be if the other parent is also a parent of the same child and has parental rights, or if the student is an eligible student and has provided consent.

Q2: What is "directory information" and how can I opt out?

"Directory information" includes details like a student's name, address, phone number, date of birth, dates of attendance, and awards. Schools can release this information without consent, but they must notify parents and eligible students annually of what they designate as directory information and provide an opportunity to opt out. To opt out, you typically need to submit a written request to the school, often using a specific "Directory Information Opt-Out Form."

Q3: Does FERPA apply to college students?

Yes, FERPA applies to college students. Once a student enrolls in a post-secondary institution, regardless of age, the rights under FERPA transfer from the parents to the student. This means the college student generally controls access to their education records, including who can view their grades or financial aid information.

Q4: What if I believe my child's FERPA rights have been violated?

If you believe your child's (or your own, if you are an eligible student) FERPA rights have been violated, you should first try to resolve the issue directly with the educational institution. If that doesn't resolve the concern, you can file a formal complaint with the U.S. Department of Education's Student Privacy Policy Office (SPPO). Complaints must be submitted in writing and generally within 180 days of the alleged violation.