Fact Sheet: Parents Rights to Control Private Information in School

Under the Family Educational Rights and Privacy Act, a school cannot reveal most information from your child's school records unless you agree. This law is known as FERPA. Your and your child's constitutional right to privacy may limit schools from getting certain private information in the first place.

FERPA is a federal law. Your state may also have laws that protect your and your child's privacy in school. Your public library or state department of education should be able to help you find out about them.

How does FERPA work to protect privacy?

FERPA forbids schools from giving out information from your child's school records without your written consent. This rule applies before the school can give anyone copies of the records, or talk about what is in them.

If you give consent, you have a right to ask for (and get) copies of whatever the school gives out. Anyone who gets information must promise not to pass it to anyone else without your written consent. Students over age 18 must give their own consent.

Are there any exceptions to FERPA's written consent rule?

Yes, but they are very narrow. There are two types of exceptions. One type allows schools to release certain kinds of information. The second type allows schools to release information in certain kinds of situations.

1. Exceptions for certain kinds of information:

• Schools can release some (but not all) records kept by school police and other school staff in charge of enforcing the law without consent.
• Schools can release "directory information" consent. "Directory information" includes the student's name, address, phone listing, birth place and date, dates of attendance, degrees, awards, previous school, any school activities she has taken part in and weight and height of members of sports teams. However, schools must tell parents in advance what kind of information they might give out as "directory information," and give you the chance to tell the school not to give it out.

2. Exceptions for certain kinds of situations:

• The school can release information without your consent in a real health or safety emergency.
• Teachers and other school staff with a true educational interest in your child can see records, or get information from them.
• Records can be sent to a new school your child transfers to.
• The school can release records if a court orders it to. It can also release records if it receives a subpoena for them. However, the school must tell you about the court order or subpoena before it turns over any information.
• Depending upon a state's laws, FERPA sometimes lets schools give very limited information to juvenile courts.

These are the main exceptions. Others apply to certain studies by government agencies of school quality, and legal investigations of the school.

How can I find out if anyone has tried to see my child's school records?

Under FERPA, the school must keep a list of every person outside of the school system who asks to see your child's records. You have a right to see this list.

What can a parent do if a school violates FERPA privacy rights?

You may complain to U.S. Department of Education. Write a letter, and explain all the details of what happened. Send copies of any letters to or from the school, and anything else that supports your case. Send complaints to:

The Department of Education will investigate. If it finds that the school violated FERPA, it will order the school to correct its mistakes and obey the law. If the school refuses, the Department may cut off its federal funding. In some cases, you may also be able to file a lawsuit in court.

Can a school require my child to provide personal information about our family?

There is a right to privacy under the U.S. Constitution. Some personal questions may violate this right. In one case, a public school tried to identify children who might take drugs by asking questions about their families. Children were asked if their parents lived together. If not, the school asked why. Children were also asked if their parents made them feel unloved, and other questions. A parent and child filed a lawsuit to stop the school from using the questions and answers. The judge decided in their favor, ruling that the school had violated their right to privacy.