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Fact Sheet: FERPA - Seeing and Correcting School Records

The Family Educational Rights and Privacy Act (FERPA) gives parents the right to see, understand and correct their children's school records. Some states have a school records law, too. In these states, parents have all the federal rights in FERPA, plus all the rights in the state law. Your public library or state department of education should be able to help you.

What kind of school records does FERPA let me see?

Parents have the right to see anything that meets the legal definition of an "education record." Under FERPA, an "education record" is almost any record kept by the school about your child. This includes information in writing, on tape, on film, in computers, and in any other form.

What must schools do to help parents use FERPA rights?

Under FERPA, schools MUST:

  • Tell you about the different kinds of records it keeps about children, and the different places it keeps them
  • Answer your request to see your child's records within 45 days.
  • Explain anything in your child's school records that you do not understand.
  • Give you copies of the records if you need copies to be able to study and review them. A parent who cannot go to the school because of health or transportation problems should receive copies under this rule. So should a parent who needs outside help to understand information in the records.

The school may not charge for copies if the fee keeps a parent from being able to study and review the records. Fees for copying should be lowered or waived for parents who cannot afford them. Schools may never charge just for looking for records. They may only charge for making copies.

What rights do I have if school records are wrong?

If you find that a record is wrong, you have the right to ask the school to change it. If information in the record violates your child's privacy, ask the school to change the record.

If the school will not change the record, you have the right to a hearing. At the hearing, you need to show that the record contains wrong or improper information. If you win, the school must correct it. If you don't win, you still have the right to state in your own words why the record is wrong. The school must keep your statement in your child's record.

What can I do if a school violates my FERPA rights?

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

Family Policy Compliance Office
U.S. Department of Education
Washington, DC 20202-4605.

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.

 

from Supporting Our Kids: A Family-School-Community Campaign, Center for Law and Education, 1996.

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