Free Guide to Understanding FERPA Education Record Complaints

What FERPA Is and Why It Matters

FERPA stands for the Family Educational Rights and Privacy Act. This is a federal law that has been in place since 1974. It sets rules about who can see student education records and what schools must do to protect student information.

FERPA applies to any school that receives federal funding. This includes public school districts, charter schools, private schools, colleges, and universities across the United States. The law covers students from kindergarten through graduate school.

The main purpose of FERPA is to give parents and students control over their own education records. Before this law existed, schools could share student information without permission. Students and parents often did not know what information schools had about them. FERPA changed this by creating a legal right to privacy.

Education records include much more than grades and test scores. They can include:

• Report cards and transcripts
• Attendance records
• Discipline records
• Special education files
• Counselor notes and psychological evaluations
• Records about medical care at school
• Records about services under Section 504 plans
• Teacher comments and observations
• Photos and videos from school activities
• Information about financial aid or scholarships

According to the U.S. Department of Education, FERPA violations happen at schools nationwide. Common violations include releasing records without permission, refusing to let parents see records, and failing to keep records secure. Understanding FERPA helps you know your rights and recognize when violations may have occurred.

Practical takeaway: FERPA gives you the right to see your child's education records and to control who can access them. Knowing what counts as an education record helps you identify when FERPA rules should apply.

Your Rights Under FERPA

FERPA gives specific rights to parents of students under age 18 and to students who are 18 or older. Once a student turns 18, the rights typically transfer to that student, not the parents, unless the student is listed as a dependent on the parents' tax return.

The main FERPA rights include the right to see records, the right to request changes, the right to privacy, and the right to know about complaints. Let's look at each one.

The right to inspect and review records: You can ask to see your child's education records within a reasonable time frame. The law says schools must provide access within 45 calendar days. This means you can visit the school and look at the records. You can ask for copies, though schools can charge a reasonable fee for copying. You do not need to explain why you want to see the records.

The right to request changes: If you believe information in the records is wrong, you can ask the school to correct it. You should submit a written request explaining what is inaccurate and why. If the school disagrees with your request, you have the right to a hearing. If you still disagree after the hearing, you can place a statement in the file explaining your position.

The right to privacy: Schools must get permission before sharing your child's education records with most people. Schools cannot share records with teachers at other schools, employers, insurance companies, or anyone else without written consent. There are some exceptions. Schools can share information without permission if the student is in danger, if law enforcement requests records, or if a court orders release of records.

The right to know about complaints: If someone files a complaint about FERPA violations at your school, you may have a right to be told about it. The school must tell parents if their own child's privacy was violated.

Practical takeaway: You have the right to see your child's records within 45 days of asking. Before a school shares records with anyone, check whether they have your written permission to do so.

How to File a FERPA Complaint

A FERPA complaint is a formal request for an investigation into whether a school violated your privacy rights. You can file a complaint if you believe a school improperly shared student records, refused to let you see records, failed to correct wrong information, or did not follow other FERPA rules.

You do not need a lawyer to file a complaint. You do not need to pay a fee. The complaint process is handled by the U.S. Department of Education's Office for Civil Rights (OCR).

Step 1: Gather documentation Before filing, collect evidence. Keep copies of emails, letters, or notes showing what happened. Save permission forms the school claims you signed. If you asked to see records, keep the request and the school's response. If the school shared information without permission, document when and with whom. Record dates and times of conversations.

Step 2: Try to resolve the issue first Most complaints work better if you first talk directly with the school. Contact the school's principal, the superintendent's office, or the school district's FERPA coordinator. Explain what happened and what you want. Ask them to respond in writing. Keep a record of these conversations.

Step 3: File the complaint with OCR If the school does not resolve the problem, you can file a written complaint with OCR. You can file the complaint online at ocrccc.ed.gov or by mail. Include:

• Your name, address, phone number, and email
• The student's name (if different from yours)
• The name of the school or school district
• A clear description of what happened
• When the violation occurred
• Why you believe FERPA was violated
• Copies of documents that support your complaint
• What outcome you want

The complaint must be filed within one year of when the violation occurred. OCR will review your complaint and decide whether to investigate. If they investigate, they will contact the school and ask for information. You will be given a chance to respond to the school's answers.

Practical takeaway: File your complaint in writing with OCR within one year of the violation, including documentation that shows what went wrong.

Common FERPA Violations and Examples

Understanding what counts as a violation helps you recognize when your rights may have been broken. Here are situations that often lead to FERPA complaints.

Sharing information without permission: A school violates FERPA when it shares records without written consent. For example, if a teacher calls a parent at work and discusses the student's discipline record within earshot of coworkers, that may violate FERPA. If a school posts student photos on social media without permission, that violates FERPA. If a school shares test scores or grades with other students or teachers who do not have a legitimate reason to know, that is a violation. A real example: A middle school published the names and addresses of all gifted program students in a newsletter without asking permission. Parents filed a complaint because the information was released without consent.

Refusing to let parents see records: FERPA requires schools to let parents and students view records. If a principal tells a parent "You cannot see the records" or sets unfair conditions on access, that violates the law. Example: A parent requested to see her high school student's discipline file. The school said she had to wait until the end of the school year. After filing a complaint, OCR found this was unreasonable. Schools must provide access within 45 days.

Not correcting wrong information: If a record contains factually wrong information and the school refuses to correct it or hold a hearing, FERPA is violated. Example: A student's file stated she was suspended for violence. The student's parents said she was only suspended for talking back in class. The school refused to change the record or hear their concerns. OCR found this was a violation.

Failing to get consent before sharing: Schools sometimes share records assuming they have the right to do so. For example, some schools share information with counselors, tutors, or outside agencies without first getting written permission. Some schools assume parents have consented because they