FERPA and Student Privacy
The Family Educational Rights and Privacy Act (FERPA) gives eligible students certain rights with respect to their education records. It provides that all records pertaining to a student that are maintained by the College District must be open to inspection by the student and may not be made available to any other person without the written authorization of the student. The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
Students can authorize another individual to access their educational records and to serve as a proxy on behalf of the student when speaking with Blinn by filling out a FERPA Release Form. This form also is available under the Admissions Forms icon in myBLINN.
This authorization does not expire and remains active until revoked using the Revoke FERPA Release Form. This form also is available under the Admissions Forms icon in myBLINN.
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 post-secondary institution. Students to whom the rights have transferred are "eligible students."
An eligible student has the right to inspect and review student records maintained by the College District. The College District is not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Students may be charged a fee for copies.
Generally, the College District must have written permission from a student to release any information from their student record. However, FERPA allows the College to disclose those records, without consent, to the following parties or under the following conditions:
- School officials with legitimate educational interest
- Other schools to which a student is transferring
- Specified officials for audit or evaluation purposes
- Appropriate parties in connection with financial aid to a student
- Organizations conducting certain studies for or on behalf of the school
- Accrediting organizations
- To comply with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies
- State and local authorities, within a juvenile justice system, pursuant to specific state law
FERPA defines "directory information" as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
Typically, "directory information" includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance.
A school may disclose "directory information" to third parties without consent if it has given public notice of the types of information which it has designated as "directory information," the parent's or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as "directory information." The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook.
The school could also include the "directory information" notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37.)
FERPA gives parents certain rights with respect to their child’s student 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.
Under FERPA, parents cannot access a student's grades - including minors - without authorization on file.
As noted above, the rights under FERPA transfer from the parents to the student once the student turns 18 years old or enters a postsecondary institution at any age.
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 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).)
If a student is attending a postsecondary institution – at any age – the rights under FERPA have transferred to the student. However, in a situation where a student is enrolled in both a high school and a postsecondary institution, the two schools may exchange information on that student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school.
Yes, if the student is under the age of 21 at the time of the disclosure. FERPA was amended in 1998 to allow such disclosures. See § 99.31(a)15 of the FERPA regulations. Also, if the student is a “dependent student” as defined in FERPA, the institution may disclose such information, regardless of the age of the student.
