New York State Technical and Education Assistance Center for Homeless Students

Students who transfer schools often do worse in school than those who don't transfer. The McKinney-Vento Act can help solve this problem by allowing students to stay in the same school and get free transportation.

FAQs: Privacy of Student Records

What is FERPA?

FERPA is the Family Educational Rights and Privacy Act of 1974. It is a federal law that mandates that educational agencies and institutions that receive funding under a program administered by the U.S. Department of Education must provide students with access to their educational records and some control over the disclosure of information from the records. In most cases, schools must have a parent's consent prior to the disclosure of these records, unless the student is 18 years old or older.

What are "student education records"?

Student education records are all records, files, documents and other materials containing information directly related to a student. These records are typically maintained by the LEA (local educational agency) or educational institution. ("Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies", U.S. Dept. of Education, National Center for Education Statistics.) A student's housing status (for example, whether the student is sharing the housing of others due to loss of housing) may be considered a part of these records. For more information, see Determining Eligibility for Rights and Services Under the McKinney-Vento Act, a publication of the National Center for Homeless Education.

How does FERPA define "parent"?

"Parent" is defined as a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absent of a parent or guardian. (Education, 34 C.F.R. § 99.3 (2010).)

What if an unaccompanied youth is living with an adult who is not his parent/guardian?

If that adult is caring for the student on a day-to-day basis, s/he may be considered a "parent" under FERPA and can access the student's education records and provide consent for disclosures under FERPA. ("Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters." (Jun. 2010), U.S. Dept. of Education.)

Which educational records can an unaccompanied youth obtain without a parent/guardian?

Schools can give unaccompanied youth full access to their own records, even when the youth are under age 18. (Once they turn 18, students have the right to access their records.) FERPA permits elementary and secondary schools to provide students under 18 the opportunity to inspect and review his or her education records. Although FERPA does not require schools to provide unaccompanied homeless youth under 18 with access to these records, schools may use their judgment to determine "whether an unaccompanied minor is responsible enough to exercise certain privileges, such as inspecting and reviewing education records and providing consent for disclosure." ("US Department of Education Issues New Guidance on Accessing Student Records Under FERPA," The Beam, (National Association for the Education of Homeless Children and Youth, Jul. 2010), quoting "Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters." (Jun. 2010), U.S. Dept. of Education.)

Can a school release a student's educational records without parental consent?

Yes, if such a release is for the purposes of enrollment in a different school district or in the case of an unaccompanied youth as detailed above. Also, school officials with a "legitimate educational interest" may access student records. This generally refers to individuals in the school district who need to know information from the student's educational record in order to perform their professional responsibilities. (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g.)

Can schools and/or districts call landlords, housing agencies, or employers to give or request information about a family's housing status?

Not without a parent's permission. Schools and districts cannot discuss or reveal information included in student records, including anything related to housing status, with anyone not involved in the student's education, without parental permission. (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (b)(2)(A.) Parties entitled to a student's information without parental permission include school employees such as homeless liaisons, attendance officers, principals and teachers. (Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g(b)( 1)(A.)

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