The Family Educational Rights & Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It gives parents and eligible students certain rights regarding their education records and governs how schools may disclose information from these records.
The Family Educational Rights & Privacy Act (FERPA) applies to all schools that receive funding from the U.S. Department of Education.
Annual Notification of Rights
FERPA affords parents and students over 18 years of age ("eligible students") certain rights with respect to their education records:
- You have the right to inspect and review the student's education records within 45 days of the day the school receives a request for access.
- You have the right to request an amendment of records you believe are inaccurate, misleading, or in violation of privacy rights.
- You have the right to provide written consent before the school discloses personally identifiable information (PII) from the student's records, except to the extent that FERPA authorizes disclosure without consent.
- You have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the school to comply with FERPA requirements.
The Age 18 Transition
According to federal law, when a student reaches 18 years of age, the rights afforded to parents under FERPA transfer directly to the student (now called an "eligible student"). This means:
- The student must provide written consent before the school can release their education records to a third party, including their parents.
- The student gains the right to inspect their own records and request amendments.
Directory Information & Opt-Out
Some information is considered directory information and may be disclosed without consent, unless a parent or eligible student opts out. Directory information may include:
- Student’s name
- Address
- Email address
- Telephone number
- Dates of attendance
- Class year
- Enrollment status
- Anticipated graduation date
- Participation in officially recognized activities and sports
Access to the Records of a Deceased Student
In the event of a student’s death, privacy protections under the Family Educational Rights & Privacy Act (FERPA) are handled based on the student's age at the time of passing.
FERPA privacy rights remain with the parent or legal guardian. Access to the student’s records will not be granted to any individual other than the parent or legal guardian unless explicit written authorization is provided and signed by the parent or legal guardian.
The privacy rights expire upon death under federal law; however, records remain protected under Austin ISD policy and the Texas Public Information Act.
How to Request Records: To protect the dignity and privacy of the deceased, the Office of the Registrar will only release records to the Executor of the Estate or the closest living next of kin. All requests must be accompanied by a Death Certificate and notarized proof of relationship.