Privacy of School Records
Ferpa
The Family Educational Records Protection Act (FERPA) was originally passed in 1976 and has been amended many times since. Its purpose is to guarantee parents free access to student school records. Under provisions of the Act, the Secretary of Education has the authority to withhold all federal funding to institutions that do not make school records available to a student's parents. There are exceptions to this rule, such as authorizing the transfer of transcripts when a student changes schools or applies for admission elsewhere, for researchers doing studies of educational techniques and practices when such research can be conducted confidentially and anonymously, for state or federal officials conducting audits of public assistance programs, or in the course of normal business. Many states now rely on FERPA to protect student privacy and insure parental access. A few states have gone beyond the protections of the federal act.
Table 17: Privacy of School Records
| State | Code Section | Who Has Access | Penalties |
| FEDERAL | 20 U.S.C. §1232g Family Educational Records Protection Act | Parents, specifically authorized state or federal officials for purposes of auditing public assistance programs; when student reaches 18 years old, right belongs to student only; researchers for purposes of gathering data to improve educational testing or educational curriculum (provided privacy is protected), authorized school administrators or other educational institutions as authorized by student or parents for purposes of application for admission to an educational institution or for employment. | Withdrawal of all federal funding |
| ALABAMA | 36-12-40 | Parent of minor child may inspect regulation and circulation records of any school that pertain to his child. | |
| ALASKA | 25.20.130 | Both custodial and non-custodial parent | |
| ARIZONA | 15-141 | Governed by FERPA; Department of Juvenile Corrections has access to any pupil referred. | Injunctive or special relief by Superior Court |
| ARKANSAS | 6-20-510 | Records regarding handicapped students or foster children are to be kept confidential by respective school districts and Department of Education. | |
| CALIFORNIA | Educ. §§49060, et seq. | Implements FERPA and eliminates conflicts with it. | |
| COLORADO | 22-2-111; 24-72-204 | Unless contrary to federal, state or judicial law, law enforcement officers have access without parental consent. Student records are confidential except when requested by the governor or a committee of the general assembly. | |
| CONNECTICUT | 10-154a | Communication relating to alcohol or drugs between the nurse and student need not be disclosed to parent. | |
| DELAWARE | Tit. 14 §4111 | Confidential with stated exceptions: duly authorized government agency; authorized school personnel by request of pupil aged 14 or older; parent/guardian. | Unless malice can be proven, no cause of action for participation in formulation or disclosure of records |
| DISTRICT OF COLUMBIA | 38-607 | Student's health file shall be confidential and subject to inspection, disclosure, and use only as applicable District and federal law | |
| FLORIDA | 1002.21, et seq. | FERPA mostly implemented. Parents and pupils have access; after pupil is 18 or attending post-secondary educational institution, the right belongs to the student only. | Injunctive relief and attorney's fees and court costs may be awarded |
| GEORGIA | 20-2-720 | Both parents (includes noncustodial parent unless court order removed right or terminated parental rights) | |
| HAWAII | 302A-1144; 302A-1137 | Parents or guardians of child under 18; authorized police officers have access to attendance records or student |
Table 17: Privacy of School Records—Continued
| State | Code Section | Who Has Access | Penalties |
| IDAHO | 32-717A | Custodial and non-custodial parent | |
| ILLINOIS | 105 ILCS 10/1, et seq. | Inspection allowed by students and parents but restricted to third parties. Exceptions listed in 105 ILCS 10/6 (1-9). Information communicated in confidence by a student or parents to school personnel is not available. All rights and privileges become student's exclusively at age 18. | Damages and other remedies available |
| INDIANA | 20-10.1-22.4-1 & 2 | Custodial and noncustodial parent, unless court order limiting noncustodial parent | |
| IOWA | 22.7 | Student's personal information in records is confidential. | |
| KANSAS | 72-6214 | Governed by FERPA. | |
| KENTUCKY | 164.283; KY Rules of Evid. R. 506 | Parents of any student under age 21. Counselor-student communications are privileged. All student academic records are confidential with exemptions cited in 164.283 (3)-(10). | |
| LOUISIANA | L.S.A R.S. 9-351 | Custodial and non-custodial parent has right to inspect child's records. | |
| MAINE | Tit. 20-A §6001 | Governed by FERPA. | |
| MARYLAND | State Gov't. 10-616 (k) | Teacher's, principal's, or counselor's observations during consultations are not admissible as evidence against student. Only "persons in interest" or "an elected or appointed official who supervises the student" may inspect student's records. | |
| MASSACHUSETTS | Ch. 71 §34A, G | Student (transcript), parent, guardian, student over 18 may inspect. | |
| MICHIGAN | 600.2165 | In legal proceedings, counselors, teachers, and school employees may not disclose information or records of student's behavior received in confidence without consent. | |
| MINNESOTA | 13.02, et seq. | Records are private except for directory information and shall be released only pursuant to valid court order. Minor may request information to be withheld from parent or guardian if in best interest of minor. | Willful violation by political subdivision: exemplary damages of not less than $100 and not more than $10,000 for each violation; injunctive relief |
| MISSISSIPPI | 37-15-3 | Governed by FERPA; records not available to the general public. | |
| MISSOURI | No known provisions | ||
| MONTANA | 7-1-4144 | Public records private unless person they concern requests them to be public. | |
| NEBRASKA | 84-712.05, et seq. | Records withheld from public unless disclosed in court or administrative proceeding or for routine directory information. | Violation by official: subject to removal or impeachment and class III misdemeanor |
Table 17: Privacy of School Records—Continued
| State | Code Section | Who Has Access | Penalties |
| NEVADA | 49.290, 291; 125.520 | Both custodial and non-custodial parent; communication between counselor-pupil or teacher-pupil is privileged. | |
| NEW HAMPSHIRE | 91-A:5 | Exempted from public access. | |
| NEW JERSEY | 18A:36-19 | Parent/guardian or pupil with reasonable protection of privacy rights. State board of education establishes rules. | |
| NEW MEXICO | 40-4-9.1 (J) (4) (C) | Both custodial and non-custodial parent | |
| NEW YORK | Educ §3222 | Parent applies for schooling record for complying minor. | |
| NORTH CAROLINA | 8-53.4; 115C-174.13; 115C-402 | Not subject to public inspection; minimum competency test scores of students not public and available consistent with FERPA; counselor communication privileged. May be obtained by parent or student upon request. | |
| NORTH DAKOTA | 15.1-24-04 | Any record of student's medical treatment is confidential and may not be released without written consent of student; if student is under 14, written consent of student's parent/guardian is required. | |
| OHIO | Title 1 §149.41, Title 33 §3319.32.1 | No release without student's consent if over 18; if 18 or under, consent of parent or guardian is necessary. Directory information may be released. Rights of school district to renew or select student records are restricted. | |
| OKLAHOMA | Tit. 51 §24A.16; Tit. 70 §6-115 | Confidential except for directory information; teacher may not reveal student-obtained information unless required by contract or released to a parent or guardian of such child on request. May be released for program evaluation and program effectiveness. May be released to student or parent upon request. | Misdemeanor for teacher to reveal information regarding any child except as required in performance of contractual duties or requested by parents. |
| OREGON | 336.187; 326.565 | Consistent with state and federal law regarding record custody and disclosure; may be transferred by request when student transfers schools or is placed in a state institution; disclosure allowed to law enforcement and/or child protective services and/or health professionals in "health or safety emergency." | |
| PENNSYLVANIA | Tit. 23 §5309; Tit. 24§1409 | Both parents; child's school health record transferred to other PA school or to parent/guardian. Court may deny access to records when domestic violence is present in family. |
Table 17: Privacy of School Records—Continued
| State | Code Section | Who Has Access | Penalties |
| RHODE ISLAND | 16-38-5 | No specific provisions. | Misdemeanor to circulate a questionnaire "so framed as to ask intimate questions about themselves or families, thus trespassing upon the pupils' constitutional rights and invading the privacy of the home" without approval of local school commissioner and department of education; can be fined $50 or imprisoned for not more than 30 days |
| SOUTH CAROLINA | 30-1-10, et seq. | Records of school district considered public records and dealt with according to Title 30. | Any person who unlawfully removes or destroys records is fined between $200 and $5,000 and guilty of a misdemeanor; failure to deliver is a misdemeanor and may yield a fine of $500 |
| SOUTH DAKOTA | 19-13-21.1; 25-5-7.3; 27B-6-2 | Access may not be denied parent who is not child's primary residential parent. County board of mental retardation has access to the school records of any case under investigation. School counselors' communications are privileged except in cases of child abuse or if waived. | |
| TENNESSEE | 10-7-504 | School records are confidential except when compelled under legal process or released for safety of person or property. Outsiders are authorized access to pupil records for research and statistical purposes and pupil or guardian may give consent for others to have access. | |
| TEXAS | Educ. 26.004 | Parent has access to all written records concerning the parent's child. | |
| UTAH | 53A-3-402.1 | School will release to custodial parent or non-custodial parent unless court order restricts non-custodial parent and school has a copy of such record. | |
| VERMONT | Tit. 1 §317(11) | Records are exempt from public inspection and copying unless request is made pursuant to FERPA (P.L. 93-380) | |
| VIRGINIA | 2.2-3700 et seq. | Available to parents and student only unless parent/guardian consents to release. | |
| WASHINGTON | 42.17.310 | Personal information in school records exempt from public inspection and copying. | |
| WEST VIRGINIA | No known provisions |
Table 17: Privacy of School Records—Continued
| State | Code Section | Who Has Access | Penalties |
| WISCONSIN | 118.125, 126 | All records confidential. Pupil, parents, courts and school officials (under certain circumstances), and persons designated by parents or pupil may receive a copy upon request; behavioral records must be destroyed one year after student is no longer enrolled unless student permits by written consent. Student's records as they relate to health are treated as health records: school psychologist, counselor, social worker and nurse, teacher, or administrator working in alcohol or drug abuse program activities shall keep student communications regarding such confidential unless pupil consents to disclosure or if there is serious and imminent danger to anyone's health or safety or if required to be disclosed by law. | |
| WYOMING | No known provisions |
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