Many parents pride themselves on keeping up with their kids' grades in high school. Some even take advantage of programs that let them monitor their child’s grades online. If you are keeping close tabs on your high school student's homework now, enjoy this while it lasts, because once she heads off to college, the privacy rules change. And there’s a good chance you won’t like them.
When your child goes to college, your right to access his educational records—including grades, billing statements (even if you are the one paying the bills), and health records—may change dramatically. Because of restrictions outlined in a law known as FERPA (the family educational and privacy rights act), colleges may require that you get your adult student’s written permission to access his private information.
Protecting Students' Educational Privacy Rights
The Family Educational Rights and Privacy Act (FERPA) is a federal law that was passed in 1974 to protect the rights of every student who is attending an institution of learning beyond the high school level. You may still consider your college freshman your “child,” but once he enrolls in college the federal government considers him an adult with full rights to manage his own privacy.
All colleges and universities that receive funding from the U.S. Department of Education must follow the FERPA guidelines before releasing “education records.” Education records are defined as “those records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution.”
Understanding Parents’ Rights
Once a year, schools have to notify parents and eligible students of their FERPA rights.
You or your child may request, in writing, that the school not disclose directory information (usually including name, address, telephone number, etc.) to other people or organizations, and the school must honor the request. Some schools only allow this request to be made at the beginning of each school year, so it’s best to ask questions up front.
Parents who claim a student as a dependent on their federal income tax forms may have the option of accessing that student’s records. FERPA allows institutions this option, but you must check with every school your child is considering, as policies vary by institution.
Special Circumstances
Academic Probation
What happens if your child is placed on academic probation (because of low grades or poor class attendance) or flunks out of school? Again, it varies by institution. For example, when a student at the University of Michigan (U of M) is placed on academic probation the parents are not contacted. All information about grades and academic standing is sent directly to the student. At Connecticut College, however, parents are contacted, so long as they claim the student on their federal income tax statement. Not all public universities follow the same procedures; the same goes for private colleges. You have to ask.
Emergencies
Recent incidents of violence on college campuses have changed the way colleges deal with emergencies. New FERPA guidelines make it clear that colleges are not limited by FERPA in situations where the health and safety of the student or others is in question. Colleges have different definitions of who needs to know. Many have threat-assessment teams who are responsible for making these decisions. The University of Michigan, for example, will reach out to parents and whomever else they determine to be appropriate to help prevent harm to the student or others.
FERPA and HIPAA
Specifics on how FERPA and HIPAA (Health Insurance Portability and Accountability Act) affect student health records (including mental health records) can be found online in the Joint Guidance on the Application of FERPA and HIPAA To Student Health Records.
Where to go for more information
FERPA is not only strict, it is complicated. To completely understand the guidelines, you may want to contact some other sources for additional information. At your local high school, contact your student’s guidance counselor; at the colleges and universities, contact the registrar, dean of students' office, or student legal services department. Most colleges and universities post FERPA information on their websites. The following sites have additional information:
Barbara Rickard holds a B.S. from Michigan Technological University and is the mother of three children in elementary, middle, and high school. She has volunteered in the public schools for 10 years, including 4 as a PTA Board Member.