FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Specific rights are spelled out, and sources for technical assistance are provided at this link.

October, 2004

October 1, 2004

This Federal law (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99 protects the privacy of student education records.

The Supreme Court in late June 2002 issued a decision in Gonzaga University v. John Doe. The Court ruled that individuals have no right to file a lawsuit against educational institutions that violate the federal Family Educational Rights and Privacy Act (FERPA) by releasing confidential, protected information from education records. The decision dealt only with those provisions of FERPA regarding the release of personally-identifiable information to unauthorized persons. Whether FERPA provisions regarding parent and student access to education records may be enforced through a private lawsuit remains an open question.

After the Gonzaga decision, a complaint to the U.S. Department of Education/Family Policy Compliance Office is parents’ and students’ only recourse under federal law when schools violate FERPA’s privacy provisions. However, state laws regarding the confidentiality of student records may provide additional avenues and remedies, and parents and advocates should check state law. In addition, the regulations implementing IDEA contain provisions regarding the confidentiality of personally identifiable information (see 34 C.F.R. sections 300.127 and 300.571), as may state special education regulations. These remain enforceable through IDEA procedural safeguards, including IDEA administrative complaints and due process hearings.