SPPO-23-02 - Family Educational Rights and Privacy Act Guidance for School Officials on Student Health Records - April 12, 2023

Oct 15, 2026

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Guidance for school officials explaining how the Family Educational Rights and Privacy Act (FERPA) applies to student education records with a focus on student health records. FERPA is described as a federal privacy law covering educational agencies and institutions receiving Department funding. The document outlines parents’ or eligible students’ rights to control disclosures, inspect and review records, request amendments, and receive annual notice. It also clarifies what qualifies as an “education record” versus excluded “treatment records” under FERPA.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages5

Reading Time13 min

AccessFree to download

Family Educational Rights and Privacy Act (FERPA)

Scope and who is covered

Rights of parents and eligible students

What counts as an “education record”

When health records are excluded as “treatment records”

SPPO-23-02 Family Educational Rights and Privacy Act Guidance for School Officials on Student Health Records April 12, 2023 Other than statutory and regulatory requirements included in the document, the contents of this guidance do not have the force and effect of law. This document is intended only to provide clarity to the public regarding existing requirements under the law. This guidance document provides school officials with general information about the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR part 99), with a particular focus on student health records maintained by educational agencies and institutions and by third parties acting on their behalf. FERPA is a Federal law that protects the privacy of students’ education records and applies to educational agencies (e.g., school districts) and institutions (i.e., schools such as public elementary or secondary schools, and institutions of postsecondary education such as colleges or universities) that receive funding under any program administered by the U.S. Department of Education (Department) . For the purposes of this document,“school” or “schools” refers to FERPA-covered school districts, public elementary or secondary schools, andinstitutions of postsecondary education such as colleges and universities. Private and faith-based schools at the elementary and secondary levels generally do not receive funding under a program administered by the Department and are, therefore, generally not subject to FERPA. The Department’s Student Privacy Policy Office (SPPO) administers FERPA. What rights do parents or eligible students have under FERPA related to student education records? Under FERPA, parents or eligible students have the right to exercise some control over a school’s disclosure of personally identifiable information from a student’s education records. 34 CFR 99.30 and 99.31. For instance, FERPA prohibits a school from disclosing personally identifiable information from a student’s education records unless the parent or eligible student provides prior written consent or an exception to FERPA’s general consent requirement applies. Id. FERPA also requires schools to provide parents or eligible students with the opportunity to inspect and review their education records (34 CFR 99.10-99.12) and requires schools to provide parents or eligible students with the right to seek amendment of their education records if the parent or eligible student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy (34 CFR 99.20-99.22) . Schools must annually notify parents or eligible students currently in attendance of their rights under FERPA. 34 CFR 99.7. Please note that, under FERPA, a parent means “a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.” 34 CFR 99.3. An eligible student is“a student who has reached 18 years ofage or is attending an institution of postsecondary education” at any age. Id. What is an “education record”? FERPA protects the privacy of students’ education records. The term “education records” means, with certain exceptions,“records that are: (1) [d]irectly related to a student; and (2) [m]aintained by an educational agency or institution or by a party acting for the agency or institution.” 34 CFR 99.3. Under FERPA, education records may include any student’s health records that are maintained by schools or their agents. However, health records of eligible students – students who are at least 18 years old or who are attending a postsecondary institution at any age – that qualify as “treatment records” are excluded from the definition of “education records” under FERPA. Records qualify as “treatment records” if they are records on an eligible student that are made or maintained by a physician, psychiatrist, psycho

FAQs

What rights do parents or eligible students have under FERPA regarding disclosure of education records?

FERPA gives parents or eligible students control over a school’s disclosure of personally identifiable information from education records. Disclosure generally requires prior written consent or an applicable exception to the consent requirement.

What are the rights to inspect, review, and amend education records under FERPA?

FERPA requires schools to provide an opportunity to inspect and review education records. It also requires schools to allow eligible students or parents to seek amendment when the records are inaccurate, misleading, or violate privacy rights, and schools must provide annual notice of these rights.

Are student health records always “education records” under FERPA?

Not always. Health records maintained by schools can be education records, but certain “treatment records” for eligible students are excluded from the definition under FERPA. If treatment records are disclosed for other purposes, they can become education records subject to FERPA requirements.

Oct 15, 2026

Upload by Fahsai