Can Parents See the File? Student Education Records and FERPA
Parents who ask a college for their child's file often hear "FERPA" in reply. The Family Educational Rights and Privacy Act sets the rules. Under 20 U.S.C. § 1232g(a)(1)(A), a school receiving federal funds may not deny parents the right to inspect and review their children's education records, and it must grant a request within a reasonable time, and in no case more than 45 days after the request. Where a record covers more than one student, access is limited to the part about that student.
Education records, in plain words, are records directly related to a student and kept by the school or someone acting for it. The definition leaves some things out, including records a campus law-enforcement unit created for law-enforcement purposes, and certain treatment records kept by a physician, psychologist or similar professional. In practice, that means a campus police file may need to be sought separately from a disciplinary file.
For a parent of a college student, the key point is that the rights usually belong to the student, not the parent. Under 20 U.S.C. § 1232g(d), once a student turns 18 or attends a college, the rights and the consent FERPA gives parents belong to the student. That is why a dean may decline a parent's request but grant the same request from the student. 34 C.F.R. § 99.5 states the same transfer, and adds that a school may still disclose records to a parent without the student's consent when the conditions in other listed provisions of the regulations are met. Separately, the statute allows a college to tell a parent about an alcohol or drug violation if the student is under 21 and the school determines the student committed a disciplinary violation, unless a state law prohibits that disclosure.
One more provision matters after hazing. Under 20 U.S.C. § 1232g(b)(6)(A), FERPA does not prohibit a college from disclosing to an alleged victim of a crime of violence, or a nonforcible sex offense, the final results of a disciplinary proceeding the college conducted against the alleged perpetrator for that conduct.
For a family, the practical consequence is that who asks matters. A request made by the student, or with the student's consent, often reaches records a parent's request alone would not, and the student's age, enrollment and the type of proceeding all shape what a school releases.