FERPA Law, What Student Privacy Rights You Have & How Schools Must Protect Your Records
The Family Educational Rights and Privacy Act (FERPA) is a federal law that gives parents the right to access their children’s education records, the right to seek amendments to those records, and the right to control disclosure of personally identifiable information from the education records. When a student turns 18 years old or enters a postsecondary institution at any age, these rights transfer from the parents to the student.
Why FERPA Law Matters to You
Before FERPA was passed in 1974, student academic records were largely unprotected, despite containing large amounts of personally identifiable information (PII) and sensitive data, including social security numbers, student medical data, and student loan information.
Here’s the truth: Your education records contain everything from grades and disciplinary history to financial aid details and medical information. Without FERPA protections, schools could share this sensitive data with employers, landlords, or anyone asking—without your knowledge or consent.
In 2025 alone, high-profile cyberattacks hit Harvard University, the University of Pennsylvania, New York University, Princeton University, Dartmouth College, and Columbia University. These breaches exposed thousands of student records, proving that understanding your FERPA rights isn’t just academic—it’s essential protection.
What You Came to Know: Your Complete Guide to FERPA Student Privacy Rights
What Records Does FERPA Protect?
FERPA defines education records as records, files, documents, and other materials which contain information directly related to a student and are maintained by an educational agency or institution or by a person acting for such agency or institution.
Bottom line: FERPA covers virtually everything schools keep about you in any format—paper files, electronic databases, emails, videos, and audio recordings. This includes grades, transcripts, class schedules, disciplinary records, financial aid information, and student loan data.
Not all records are protected by FERPA, however. Records in the sole possession of the maker that are used as a memory aid and only accessible to the maker or a substitute are not considered education records. Records maintained by a law enforcement unit of the school created for law enforcement purposes are also excluded.
Who Has Rights Under FERPA Law?
Parents have FERPA rights regarding their children’s education records until the student reaches 18 years of age or attends an institution of postsecondary education at any age, at which point the student becomes an “eligible student” and all rights transfer from the parent to the student.
Most sites won’t tell you this, but: Even if your parents pay your tuition, once you turn 18 or enroll in college, they have no automatic right to see your grades, disciplinary records, or financial aid information without your written consent. Schools can disclose this information to parents only if you’re claimed as a dependent for tax purposes, but many colleges don’t.
What Can You Do Under FERPA Student Rights?
FERPA gives parents or eligible students the right to inspect and review the student’s education records, the right to request that a school correct records they believe to be inaccurate or misleading, and some control over disclosure of information from those records.
Here’s what that actually means for you:
Access right: Schools must let you review your records within 45 days of requesting them. They can’t cherry-pick what you see or claim documents are “lost.”
Amendment right: If you find errors—wrong grades, false disciplinary accusations, inaccurate attendance records—you can demand corrections. If the school refuses, you have the right to add a statement explaining why you disagree.
Consent right: Schools must have written permission from the parent or eligible student before releasing any information from a student’s education record, with several exceptions.
When Can Schools Share Your Records Without Consent?
FERPA allows schools to release information from student records without written consent to certain parties, including school officials with legitimate educational reasons, specified auditing officials for evaluation purposes, officials involved in health and safety emergencies, and other schools to which a student will transfer.
Let’s break this down: Schools can share “directory information”—your name, address, phone number, date of birth, and attendance records—without asking permission unless you opt out. The health and safety exception allows appropriate persons to access education records without prior consent in connection with an emergency if necessary to protect the health or safety of the student or other persons.
What Happens When Schools Violate FERPA Law?
The Department of Education has the authority to investigate complaints, demand that violations stop, impose fines, or require corrective actions to bring institutions into compliance. The most significant penalty for non-compliance with FERPA is a ban from federal funding from the U.S. Department of Education.
Here’s what most people don’t realize: As of 2025, the Department has never imposed a financial penalty on an institution for violating FERPA, instead working with violators to achieve voluntary, monitored compliance. Schools lose funding only when they have a “policy or practice” of violating FERPA and refuse to correct it.
What You Must Know About FERPA Violations & Enforcement
Common FERPA Violations You Should Watch For
Common FERPA violations include failing to implement adequate data security programs, denying an eligible student or parent access to the student’s records, and including protected student information on a mailing list or shared documents.
A teacher emailing a list of students’ grades to all parents in the class, a professor taping a list of grades outside their office with student names or ID numbers visible, and student files left on an unlocked desk overnight are all clear violations.
💡 Pro Tip: If your professor posts grades publicly using student ID numbers that anyone in your class can connect to you, that’s a FERPA violation. Document it and file a complaint with your school’s registrar office.
2026 FERPA Enforcement Updates
On March 27, 2025, the U.S. Department of Education’s Student Privacy Policy Office launched an investigation into the California Department of Education for alleged FERPA violations relating to California Assembly Bill 1955, which prohibits schools from requiring personnel to disclose a child’s “gender identity” to that child’s parent.
In April 2025, the Department of Education issued a Dear Colleague letter emphasizing that student “gender support plans” belong in the education record and cannot be hidden from parents. This represents increased federal enforcement activity after years of minimal penalties.
Can You Sue for FERPA Violations?
FERPA doesn’t give you the right to sue your school directly. FERPA does not grant individuals the right to sue for damages, so while institutional penalties can be enforced, individual compensation or loan forgiveness is unlikely through FERPA complaints.
Understanding Temu Settlement Claim Form, File Your Privacy Violation Claim For Up To $5,000 Before It’s Too Late can help you see how privacy violations work in different contexts, though FERPA itself doesn’t allow private lawsuits.
What to Do Next: Protecting Your FERPA Rights
Step 1: Opt Out of Directory Information Sharing
You have the right to opt out of directory information sharing by checking your school’s FERPA policy, usually posted on the registrar’s website or student handbook. Submit your opt-out request in writing before the school’s annual deadline, typically early in the academic year.
Step 2: File a Complaint if Your Rights Are Violated
If your rights are violated, you can submit a written complaint to the Family Policy Compliance Office within 180 days of the violation, which investigates and may require the school to take corrective action.
File your complaint with: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202-5901
Step 3: Request Your Education Records
Contact your school’s registrar office and submit a written request to inspect your education records. Schools must comply within 45 days. Review everything for accuracy—grades, disciplinary records, attendance, and personal information.
FAQs About FERPA Law
Does FERPA apply to private schools?
FERPA applies to all schools receiving federal funding from the U.S. Department of Education, including most public and charter schools at elementary, secondary, and post-secondary levels. Most private K-12 schools don’t receive federal funds and aren’t covered by FERPA.
Can colleges share my grades with my parents?
Once students turn 18 or enroll in postsecondary education, schools need the student’s consent to share grades, enrollment, and billing information unless the school has specific permission from the student or the student is claimed as a tax dependent.
What’s the difference between FERPA and HIPAA for student medical records?
Usually, student medical treatment records remain under the protection of FERPA, not the Health Insurance Portability and Accountability Act (HIPAA), due to the “FERPA Exception” written within HIPAA. Student health center records at colleges typically fall under FERPA, not HIPAA.
How long do I have to file a FERPA complaint?
Complaints must be filed within 180 days of the alleged violation. Don’t wait—if you believe your school violated your rights, document the incident immediately and file quickly.
Can schools share my information with law enforcement?
Schools can disclose education records without consent to appropriate persons in connection with an emergency if necessary to protect the health or safety of the student or other persons. Schools can also share information pursuant to subpoenas or court orders.
What happens if I don’t opt out of directory information?
Your basic information—name, address, phone number, dates of attendance, degrees earned—can be shared publicly without your permission. This appears in press releases, honor rolls, graduation programs, and even public records requests.
Does FERPA protect me from data breaches?
Schools with proactive compliance programs see average penalty reductions of about 25%. However, FERPA doesn’t provide direct compensation for data breach victims—you’d need to explore state privacy laws or other legal avenues for damages.
Last Updated: January 30, 2026
Detailed Disclaimer: This article provides general information about FERPA law, student privacy rights, education records protection, and federal privacy regulations for informational purposes only. It does not constitute legal advice, and nothing in this article creates an attorney-client relationship. FERPA law and education privacy regulations vary by state and change over time. The information provided here is current as of the publication date but may not reflect the most recent legal developments. For specific questions about your FERPA rights, education records access, or privacy violations, consult a qualified education law attorney in your jurisdiction. AllAboutLawyer.com does not provide legal services or representation.
Protect your education records—know your FERPA rights and use them.
For official FERPA guidance and resources, visit the U.S. Department of Education’s Student Privacy Office.
Stay informed, stay protected. — AllAboutLawyer.com
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
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