The Family Educational Rights & Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA applies to all schools receiving funding from the U.S. Department of Education and affords parents and eligible students specific rights regarding how educational records are accessed, amended, and shared.
Annual Notification of Rights
Under FERPA, parents and students over 18 years of age ("eligible students") have the following rights regarding education records:
- Right to Inspect: The right to inspect and review the student's education records within 45 days of the day the school receives a written request for access.
- Right to Request Amendment: The right to request an amendment of education records that the parent or eligible student believes are inaccurate, misleading, or otherwise in violation of privacy rights.
- Right to Consent: The right to provide written consent before the school discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
- Right to File a Complaint: The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with the requirements of FERPA.
FERPA Policies & Special Circumstances
The tabs below provide information about the Federal Educational Rights & Privacy Act (FERPA), including directory information, student records access, opt-out requests, and other important privacy rights.
FERPA permits disclosure of personally identifiable information without prior consent to school officials with legitimate educational interests. A school official includes teachers, administrators, counselors, support staff, district board members, or contracted personnel (such as attorneys or auditors) who require access to fulfill their professional duties for the district.
When a student reaches 18 years of age or attends an institution of postsecondary education, rights under FERPA transfer directly from the parents to the student (who becomes an "eligible student"). This means:
- The student must provide written consent before the school can release their education records to any third party, including parents or guardians.
- The student gains the sole right to inspect their records and request amendments.
Note: Parents may still access the education records of an adult student without consent if the student is claimed as a dependent for federal income tax purposes.
FERPA permits schools to disclose designated "directory information" without prior written consent unless a parent or eligible student submits a formal opt-out request. Directory information includes:
- Student’s name, address, email address, and telephone number
- Dates of attendance and enrollment status
- Grade level / class year and anticipated graduation date
- Participation in officially recognized activities and sports
- Honors, awards, and degrees received
Parents or eligible students who do not wish to have directory information disclosed must complete the district's Directory Information Opt-Out Form via Enroll Austin.
Under federal law (the Elementary and Secondary Education Act), high schools are required to provide military recruiters and institutions of higher education, upon request, with the names, addresses, and telephone listings of 11th and 12th grade students.
Parents or eligible students have the right to request that this information not be released without prior written consent by completing the Military/Higher Ed Opt-Out section during online registration through the annual forms in Enroll Austin.
In the event of the passing of a minor student, FERPA privacy rights remain with the parent or legal guardian. Access to the student’s records will not be granted to any other individual unless explicit written authorization is signed and provided by the parent or legal guardian.
Under federal law, FERPA privacy rights expire upon death; however, student records remain protected under Austin ISD policy and the Texas Public Information Act.
How to Request Records: To protect student privacy, the Office of the Registrar will release records only to the Executor of the Estate or the closest living next of kin. All requests must include a Death Certificate and notarized proof of relationship.