Parental Access to Children's Education Records

When a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," and all rights under FERPA transfer from the parent to the student.

Therefore, at the postsecondary level, parents have no inherent rights to inspect a student's education record and the right to inspect is limited solely to the student. Records may be released to the parent only under the following circumstances:

  • Through the written consent of the student;
  • In compliance with a subpoena;
  • By submission of evidence that the parents declare the student as a dependent on their most recent Federal Income Tax return (IRS Code of 1954, Section 152) or
  • Under the Alcohol and controlled substance exception or in connection with a health and safety emergency under the circumstances set forth in § 99.36 (if the student is under 21 years of age).