CENTER FOR LAW AND EDUCATION
Reply to: Main Office:
197 Friend Street, Ninth Floor 1875 Connecticut Ave., NW
Boston, Massachusetts 02114 Suite 510
Phone: 617/371-1166 Washington, D.C. 20009
Fax: 617/371-1155 Phone: 202/986-3000
Fax: 202/986-6648
Question: Does federal law grant parents and students rights to correct erroneous information contained in school records?
Answer: Yes. The Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g, and its implementing regulations, 34 C.F.R. part 99, give parents and older students tools for reviewing, understanding and correcting education records. FERPA applies to public and private educational agencies and institutions that receive funds from the U.S. Department of Education. 20 U.S.C. §1232g(a)(1)(A), (3).
FERPA requires schools to allow parents to view their children's education records. 20 U.S.C. §1232g(a)(1)(A); 34 C.F.R. §99.10(a). When a student reaches age 18 or enters postsecondary education, all FERPA rights transfer from the parent and become the student’s, exclusively. 34 C.F.R. §§99.1, 99.5. The right to view education records covers all records directly related to the student; this includes written records along with information kept on film, on tape, in computers or in any other form. 34 C.F.R. §99.3. FERPA also requires schools to respond to reasonable requests for explanations and interpretations of the records. 34 C.F.R. §99.10(c).
A school must respond answer a request to view records within a reasonable time, and within 45 days at the most. 20 U.S.C. §1232g(a)(1)(A); 34 C.F.R. §99.10(b). Many schools will provide copies of records upon request. However, FERPA requires schools to provide copies only if failure to do so would effectively prevent the parent or student from exercising the right to inspect and review the records. 34 C.F.R. §99.10(d). A parent who cannot go to the school to view records because of health or transportation problems, for example, should receive copies under this rule, as should a parent who needs outside help in analyzing the records. Schools may not charge a fee for copying records if the fee would prevent a parent or student from exercising the right to review the records. 34 C.F.R. §99.11. In addition, schools may never charge a fee for searching for records; they may only charge for copying costs. Id.
Parent or students who find that an education record is wrong or misleading, have the right to ask the school to change the record. They also have the right to ask for changes if what is in the record violates the student's privacy or other rights. 20 U.S.C. §1232g(a)(2); 34 C.F.R. §99.20(a). If the school will not make the changes, parents or students have the right to a hearing. 20 U.S.C. §1232g(a)(2); 34 C.F.R. §99.21(a). If the parent or student proves at the hearing that the record contains improper information, the school must correct it. 20 U.S.C. §1232g(a)(2); 34 C.F.R. §99.21(b). Parents and students who do not win at the hearing have the right to put a written statement in the student’s education record explaining their point of view. 20 U.S.C. §1232g(a)(2); 34 C.F.R. §99.21(b)(2). The school must keep this statement in the student's education record at all times, and disclose it whenever it discloses the portion of the record to which the statement relates. 20 U.S.C. §1232g(a)(2); 34 C.F.R. §99.21(c).
Parents and students who believe these or other FERPA rights have been violated may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605. See 34 C.F.R. §§99.60 - 99.67. In addition, while a number of courts have held that there is no private right of action to enforce FERPA, a number have held that individuals whose FERPA rights have been violated may bring a damages action under 42 U.S.C. §1983 against the offending educational agency or institution. See, e.g., Tarka v. Cunningham, 917 F.2d 890 (5th Cir. 1990); Fay v. South Colonie Central School District, 802 F.2d 21, 33 (2d Cir. 1986); Maynard v. Greater Hoyt School District, 876 F. Supp. 1104 (D.S.D. 1995); Belanger v. Nashua NH School District, 856 F. Supp. 40 (D.N.H. 1994); Krebs v. Rutgers, 797 F. Supp. 1254 (D.N.J. 1992). But see also, e.g., Norris v. Bd. of Ed. of Greenwood, 797 F. Supp. 1452, 1465 (S.D. Ind. 1992).
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