ARE THERE ANY LEGAL REQUIREMENTS ABOUT HOW SCHOOLS STORE AND SHARE EDUCATION RECORDS?
Yes. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of education records. Although both private schools and public schools maintain records on students, FERPA generally only applies to protect the privacy of education records maintained by public elementary and secondary schools, school districts, and postsecondary institutions. FERPA generally does not apply to K-12 private and parochial schools unless these schools receive federal funds.
HOW LONG MUST THE SCHOOL KEEP MY EDUCATION RECORDS?
It depends. Schools are not generally required by federal law to keep education records for any set period of time. However, schools are prevented from destroying an education record if someone has already submitted a request to view the education record. State laws or local policies may also apply and require a school to keep education records for a specific period of time. IDEA has specific requirements regarding destruction of education records of students with disabilities that your school district can tell you about.
DO I HAVE A LEGAL RIGHT TO VIEW MY EDUCATION RECORDS?
If you are under the age of 18, only your parent or guardian has the legal “right" under FERPA to inspect and review your education records. If you are age 18 or over or enrolled in a postsecondary institution (an “eligible student"), then you have a right to view your own education records. Under FERPA, a parent includes any natural parent, guardian, or individual (such as a foster parent) acting as parent in the absence of a parent or guardian. The right to view the education records only covers a right to view the information in the student's education records that is about that student, and not information in the records that is about any other student.
