An Eligible Student Guide to the Family Educational Rights and Privacy Act (FERPA) - Understanding Rights and Access

Oct 15, 2026

Uploaded by Fahsai

Guide explains how the Family Educational Rights and Privacy Act (FERPA) defines “education records” and how protections operate in U.S. schools. It clarifies when a student becomes an “eligible student” (at 18 or upon postsecondary enrollment) and how rights transfer from parents to the student. It also summarizes key eligible-student rights under FERPA, including access to records (with timing limits), amendment procedures, and disclosure restrictions, with brief references to related confidentiality protections under IDEA.

LanguageEnglish

CategoryExam

FormatPDF

Pages6

Reading Time15 min

AccessFree to download

FERPA Overview

Eligible Student Status and Rights Transfer

Definition of Education Records and Exemptions

FERPA Applicability and Related IDEA Protections

Schools Covered by FERPA

Confidentiality Links to IDEA Part B

Core Eligible Student Rights Under FERPA

Access to Education Records

Amendment of Education Records

Disclosure of Education Records

SPPO-23-01 An Eligible Student Guide to the Family Educational Rights and Privacy Act (FERPA) The Family Educational Rights and Privacy Act or FERPA (20 U.S.C. §1232g; 34 CFR Part 99) provides certain rights for parents regarding their children’s education records. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, the student becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student. This guide discusses an eligible student’s rights under FERPA. A companion document discussing parents ’ rights under FERPA is available on our website at [https://studentprivacy.ed.gov/resources/ferpa-general-guidance-parents](https://studentprivacy.ed.gov/resources/ferpa-general-guidance-parents). FERPA is a Federal law that is administered by the Student Privacy Policy Office (SPPO) in the U.S. Department of Education (Department). FERPA protects “education records,”which are generally defined as records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. An“educational agency or institution,” hereinafter referred to as a “school,” generally means a school district, a public elementary or secondary school, or an institution of postsecondary education, such as a college or university. There are also a few exemptions to the definition of “education records,” such as law enforcement unit records and sole possession records. More information is available at [https://studentprivacy.ed.gov/faq/what-records-are](https://studentprivacy.ed.gov/faq/what-records-are)exempted-ferpa. FERPA applies to all schools that receive funding under any program administered by the Department. Private and faith-based schools at the elementary and secondary levels generally do not receive such funding and are, therefore, generally not subject to FERPA. Private institutions of postsecondary education, however, generally do receive such funding (e.g., student aid under title IV of the Higher Education Act of 1965, as amended) and are, therefore, generally subject to FERPA. In addition, the confidentiality of personally identifiable information (PII) in the education records of students with disabilities is further protected by Part B of the Individuals with Disabilities Education Act (IDEA) (20 U.S.C. 1417(c) and 34 CFR §§ 300.610-300.626) . The IDEA and its implementing regulations contain confidentiality provisions that are similar to, but broader than, FERPA, and cover students with disabilities who have turned 18 but are still eligible under IDEA. Depending on State law, the rights accorded to parents under IDEA Part B may not automatically transfer to the student when the student with a disability reaches 18 years old or attends an institution of postsecondary education at any age. The IDEA-FERPA crosswalk contains additional information comparing IDEA and FERPA and is available at [https://studentprivacy.ed.gov/resources/ferpaidea-crosswalk](https://studentprivacy.ed.gov/resources/ferpaidea-crosswalk). The rights provided by FERPA to an eligible student include, but are not limited to: • Access to Education Records Under FERPA, a school or State educational agency (SEA) must provide an eligible student with an opportunity to inspect and review their education records within a reasonable period of time, but not more than 45 calendar days following the receipt of a request. A school or SEA is generally not required to provide an eligible student with copies of education records unless circumstances effectively prevent an eligible student from exercising their right to inspect and review the education records. For example, if an eligible student who does not live within commuting distance of the school requests access to their education records, the school would be required to make other arrangements for the eligible student to inspect and review the requested records,

FAQs

When does a student become an “eligible student” under FERPA?

A student becomes an eligible student when they reach 18 years of age or attend a postsecondary education institution, at any age. Rights under FERPA transfer from the parent to the student at that point.

What are “education records” under FERPA, and what exemptions exist?

Education records are generally records directly related to a student and maintained by an educational agency or institution or a party acting for it. The text notes exemptions such as law enforcement unit records and sole possession records.

What is the timing requirement for a school to allow access to an eligible student’s records?

A school or State educational agency must provide an opportunity to inspect and review education records within a reasonable period of time, but not more than 45 calendar days after receiving the request.

Oct 15, 2026

Uploaded by Fahsai