Understanding FERPA

What is FERPA?

The Family Educational Rights and Privacy Act or FERPA provides certain rights for parents regarding their children’s education records such as report cards, transcripts, finances and accounts, disciplinary records, contact and family information, and class schedules. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, the student becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student. The following questions and answers are a guide providing general information on an eligible student’s rights under FERPA. If you have further questions, please contact the U.S. Department of Education's Family Policy Compliance Office using the contact information provided below.

My student's school won't show me her or his education records. Does the school have to provide me with a copy of the records if I request them?

Prior Student Consent Required.

Where FERPA does not allow exceptions to the written consent requirement, the University does not release personally identifiable information in education records or allow access to those records without prior consent of the student. Unless disclosure is to the student himself or herself, the consent must be written, signed, and dated, and must specify the records to be disclosed, the identity of the recipient, and the purpose of disclosure. A copy of the record disclosed is provided to the student upon request and at the student expense.

Dependent Student.

FERPA provides ways in which a school may share, without the consent of an eligible student, education records of the eligible student with their parents. Schools may, but are not required to, disclose any and all personally identifiable information from education records to parents, without the consent of the eligible student, if the student is a “dependent student,” as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent’s most recent income tax return, a school may disclose the student’s education records to either parent, without the eligible student’s consent.

Who else gets to see my student's education records?

FERPA allows additional exceptions to the written consent requirement for disclosure of education records to third parties. Some of these exceptions are listed below:

To officials of another school in which a student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.
To an alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.
In response to a court order or subpoena, the University makes reasonable efforts to notify the student before complying with the court order.
Appropriate parties in connection with an emergency, where knowledge of the information is necessary to protect the health or safety of the student or other individuals;
Parents of a student who is a dependent for income tax purposes. (Note: The University may require documentation of dependent status such as copies of income tax forms.)
Accrediting organizations for purposes necessary to carry out their functions;
Organizations conducting educational studies for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction. The studies are conducted so as not to permit personal identification of students to outsiders, and the information is destroyed when no longer needed for these purposes;
State and local officials to which such information is specifically required to be reported.
Authorized persons and organizations that are given work in connection with a student’s application for, or receipt of, financial aid, but only to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms and conditions;
Authorized representatives of the Comptroller General of the U.S., the Secretary of Education, the Secretary of the Department of Health and Human Services, the Director of the National Institute of Education, the Administrator of the Veterans’ Administration, but only in connection with the audit or evaluation of federally supported education programs, or in connection with the enforcement of or compliance with Federal legal requirements relating to these programs. Subject to controlling Federal law or prior consent, these officials protect information received so as not to permit personal identification of students to outsiders and destroy such information when it is no longer needed for these purposes;

What is directory information?

FERPA defines "directory information" as information contained in a student's education record that generally would not be considered harmful or an invasion of privacy if disclosed. Directory information at the University of the Pacific includes:

Student's name
University ID number
Mailing and local address
Telephone number
E-mail address
Photograph/Video
Date and place of birth
Degrees, honors, and awards
Major field of study
Grade level
Campus of study (Stockton, Sacramento, or San Francisco)
Dates of attendance, including matriculation and graduation
Enrollment status (undergraduate, predoctoral, graduate, full-, part-time)
Most recent educational agency or institution attended
Participation in officially recognized activities and sports
Weight and height of members of athletic teams

A school may disclose directory information to anyone, without consent, if it has given students: general notice of the information it has designated as "directory information;" the right to opt out of these disclosures; and the period of time they have to notify the school of their desire to opt out.

Does FERPA give me a right to see the education records of my son or daughter who is in college?

When a student turns 18 years old or enters a postsecondary institution at any age, all rights afforded to you as a parent under FERPA transfer to the student ("eligible student"). However, FERPA provides ways in which a school may—but is not required to-share information from an eligible student's education records with parents, without the student's consent. For example:

Schools may disclose education records to parents if the student is claimed as a dependent for tax purposes.
Schools may disclose education records to parents if a health or safety emergency involves their son or daughter.
Schools may inform parents if the student, if he or she is under age 21, has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
A school official may generally share with a parent information that is based on that official's personal knowledge or observation of the student.

Additional Information

For more information regarding FERPA and other student privacy issues, please visit our website at https://studentprivacy.ed.gov.

If you have questions about FERPA that are not addressed here, you may also submit a question through our website at https://studentprivacy.ed.gov/..., or write to SPPO for additional guidance at the following address:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-8520