FERPA requires that educational agencies and institutions comply with  a parent’s request to inspect and review education records within a reasonable period of time, but not longer than 45 days after receiving  the request. See 34 CFR § 99.10(b). Some states require that schools provide parents with access to education records in less than 45 days, and some school districts may have their own requirements.

Schools are not required to mail to each parent the required FERPA notification, but they must “provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights.”  See 34 CFR § 99.7(b).  This may include website notices, inserting the notice in the registration package, or printing the notice in the local or school newspaper.

When a student turns 18 years old - or enters college at any age - he or she becomes an "eligible student" and the rights transfer from the parents to the student at that time.  However, a school is permitted to disclose any information from a student's education records to the parent if one or both of the parents claim the student as a dependent for IRS tax purposes.

FERPA provides rights to either parent, regardless of custody, unless the school has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. See 34 CFR § 99.4.

A school may only designate “directory information” items about a student that would not generally be considered harmful or an invasion of privacy if disclosed. (See the definition of “directory information” in  34 CFR § 99.3 for examples of the type of information that may be included.) Information such as a student’s social security number or special education status may not be designated as “directory information.”

A student’s grades may only be publicly posted by a randomly assigned code or number that is known only to the student (and parent) and the teacher.

The terms “cumulative folder” and “permanent folder” do not appear in FERPA. The term “education record” is broadly defined in FERPA  as any record that is (1) directly related to a student and (2) maintained  by an educational agency or institution or by a party acting for the agency or institution.

While FERPA permits the transfer of education records, it does not require schools to transfer records to third parties.  Rather, it permits disclosures to officials of another school, school system, or postsecondary institution where the student seeks or intends to enroll.  (However, please note that the No Child Left Behind Act of 2001 requires that states have in place a procedure for transferring a  student’s disciplinary records. In Michigan, MCL 380.1135 requires receiving district to request in 14 days and sending districts to transfer within 30 days.)

Generally, this is true. However, if a student has either turned 18 or entered a postsecondary institution, the rights under FERPA have transferred to the student. Only if the student is still a minor and is not yet attending a post-secondary institution would the parent have a right under FERPA to have access to the student’s education records. If the student is still a dependent for tax purposes, the school may disclose information to the parent without the student’s consent.

FERPA does not require that education records be maintained for any specific period of time and does not generally prohibit the destruction of education records. There may be other requirements for retention of records that schools must follow. However, FERPA does prohibit a school from destroying education records if there is an outstanding request by a parent or eligible student to inspect and review the education records.

School nurse records are subject to FERPA because they are  “education records.” Education records, including individually identifiable health information contained in such records that are subject to FERPA, are specifically exempt from the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule. The reason for this exemption is that Congress, through FERPA, previously addressed how education records should be protected.

School officials must comply with FERPA in releasing immunization records and other health records to outside local and state health authorities. Generally, parents must provide consent before such information is released. FERPA does permit disclosure of education records to appropriate officials in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of the student or other persons. See 34 CFR § 99.31(a)(10) and §  99.36.

Records of a school’s law enforcement unit are not subject to FERPA if they are (1) created by the law enforcement unit; (2) created for a law enforcement purpose; and (3) maintained by the law enforcement unit.  A “law enforcement unit” can be any individual, office, department,  division, or other component of the educational agency or institution that is officially authorized or designated by the agency or institution to enforce laws or maintain the physical security and safety of the school.  See 34 CFR § 99.8. The answer could be either T or F because the records created and maintained by the unit must be maintained for a  “law enforcement purpose.” If the records are created and maintained for disciplinary purposes, for example, they are subject to FERPA.

If circumstances effectively prevent a parent from exercising the right to inspect and review the student’s education records (such as when the  parent no longer lives in commuting distance), then the school shall provide the parent with a copy of the records requested or make other arrangements for the parent to inspect and review the requested records. See 34 CFR § 99.10(d).

Schools may disclose information to state and local educational authorities in connection with an audit or evaluation of federal or state supported education programs or for the enforcement of or compliance with federal legal requirements that relate to those programs. See 34 CFR § 99.31(a)(3) and § 99.35.

Schools may have a policy of disclosing education records to a student who is not an eligible student, without consent of the parents. See 34 CFR § 99.5(b).

Only school officials with a legitimate educational interest may have access to a student’s education records. Schools are required to include in the annual notice of FERPA rights the criteria for whom they consider to be a “school official” and what it considers to be a  “legitimate educational interest.”

These entities are not listed in the FERPA regulations (§ 99.31) as entities to which information may be disclosed without consent.  Therefore, parents or eligible students must provide consent for this disclosure.

While there are some types of disciplinary disclosures that may be made public at the college level, at the K-12 level no disciplinary information may be publicly disclosed without consent.

If the student is seeking or intending to enroll in the college, information from the student’s education records may be disclosed to the college (§ 99.34).

Under FERPA, certain types of treatment records on a student who is 18 years or older or who is attending a postsecondary institution are exempt from the definition of “education records,” such as records that that are made or maintained by a physician or other recognized medical professional;  made, maintained, or used only in connection with treatment of the student; and disclosed only to individuals providing the treatment.  However, if these treatment records are used for purposes other than providing treatment to the student or are made available to persons other than those providing treatment, they would then be considered to be education records. These types of records are also exempt from  HIPAA's Privacy Rule. For students under the age of 18, there is no distinction between “medical” or “treatment” records and “education records.”  Thus, a K-12 student's health records maintained by an educational agency or institution subject to FERPA, including records maintained by a school nurse, would generally be education records subject to FERPA because the are (1) directly related to a student; (2)  maintained by an educational agency or institution, or a party acting for the agency or institution; and (3) are not excluded from the definition as treatment records.