Free Request Copy of School Records

If state law does not regulate the destruction of educational records, schools may destroy some or all of a student's records at any time, except when a request has been made to inspect them under FERPA.

In 1974, Congress passed the Family Educational Rights and Privacy Act (also known as FERPA or the Buckley Amendment) to define who may and who may not review student records. The law guarantees parents the right to have access to their child's school records. It also prohibits release of the records to outsiders without parental permission, except in the case of an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

The law contains five important provisions:

1. It requires school districts to establish a written policy concerning student records. School districts must inform parents of their rights under the Act each year and where they can obtain copies of the school's policy for implementing these rights.

2. It guarantees custodial and non custodial parents the right to inspect and review the educational records of their children. This does NOT include teachers' personal notes about students.

3. It establishes procedures through which parents may challenge the accuracy of student records and place an explanation in the records about any information with which they disagree.

4. It protects the confidentiality of student records by preventing disclosure of personally identifiable information to outsiders without prior parental written consent, with limited exceptions.

5. It entitles parents to file complaints with the FERPA office concerning alleged failures to comply with the Act.

The law applies to all schools which receive funds under any federal program administered by the U.S. Department of Education. This includes funds provided to students attending the school and to schools that receive grants or contracts from the Department of Education. This means that the Act applies to all public schools and colleges and almost all private colleges and universities.

The Act does NOT apply to any parochial school, nor does it apply to most private elementary and secondary schools since, according to the FERPA office, most do not receive direct funding from the Federal Department of Education.

Under FERPA, a school may NOT deny parental access to student records, but it may deny a request for a copy of such records when parents are able to personally inspect the records at the school.

The law states that no federal funds will be made available to any school that prevents parents from exercising "the right to inspect and review the education records of their children."

This includes the rights:

1. To be informed about the kinds and location of educational records maintained by the school and the officials responsible for them;

2. To obtain copies of records where necessary (for example, when parents are physically unable to travel to the school to inspect the records); and

3. To receive an explanation or interpretation of the records if requested.

Officials must comply with a parental request to inspect "within a reasonable period of time, but in no case more than forty-five days after the request has been made." Although a school may not deny parental access to student records, it may deny a request for a copy of such records when parents are able to personally inspect the records at the school.

If parents cannot personally inspect their child's records at school because of health reasons or because they live a great distance from the school, the school is required to provide the parents with copies of the educational records. Schools can charge a reasonable fee for making copies of such records unless parents cannot afford to pay.

Educational records include any information compiled by a school which is directly related to a current student, regardless of whether the record is hand-written, printed, on tape, film, microfilm, or microfiche. However, FERPA does NOT give parents the right to review personal notes of teachers, psychologists, or administrators that are in their "sole possession" and are not shared with anyone except a temporary substitute.

In addition, students at colleges do NOT have the right to review records of health professionals used only in connection with the treatment of a student, records of a law enforcement unit of the school used solely for law enforcement purposes, or job-related records of students employed by the school.

The permissible use of this letter is for:

1. A parent to request access to his or her child's school records, or

2. A person who is eighteen or attending college to request access to his or her school records.

School records are usually maintained on each student to facilitate the instruction, guidance, and education of the student. The records may contain: identification data, attendance data, record of achievement, family background data, aptitude tests, educational and vocational plans, honors and activities, discipline data, objective counselor or teacher ratings, and observations and external agency reports.

You can obtain the name and position of the person responsible for the maintenance of school records by calling the school you or your child are attending.

The Family Educational Rights and Privacy Act (also known as FERPA or the Buckley Amendment) governs a parent's right of access to student records. For questions about this Act, its regulations, and the interpretation and application of the Act in schools, you can contact the FERPA office at the Family Educational Rights and Privacy Act Office, 400 Maryland Avenue, Washington D.C. 20202-4605. Their phone number is (202)260-3887.

Parents may assert their child's rights of access and consent until the child turns eighteen or begins attending college. After this, the right of access may be given only by the student.

However, a college may allow parents of a "dependent student" (as defined by the Internal Revenue Code) to see their child's records. Generally, if the parent furnished over half of the child's support for the calendar year, the child will be considered a "dependent student." Amounts received as scholarships are not taken into account when determining whether the parent furnished over half of the child's support for the calendar year.

The rights of noncustodial parents to see their child's records are generally the same as those of custodial parents. FERPA provides EACH parent with the right of access to their child's records. The Act and its regulations make no distinction based on whether a parent has custody or not. Under the Act, parent includes a natural parent, guardian, or an individual acting as a parent in the absence of a parent or guardian.

1. Sign the letter.

2. If you planned on attaching any documentation to this letter, such as a check for copying purposes, then be sure to attach the documentation to the letter before mailing.

3. The person writing this letter should keep a copy of the letter and any attachments for his or her records.