NYS-TEACHS
at Advocates for Children
151 West 30th Street
5th Floor
New York, NY 10001
TEL 800.388.2014
FAX 212.807.6872
Privacy of Student Records
In general, a student's school records cannot be released without the consent of a parent under the Family Educational Rights and Privacy Act or FERPA. There are several important exceptions to this rule that affect students experiencing homelessness. For example, parental consent is not needed if the release of records is for the purposes of enrollment in a new school. Also, in certain circumstances, unaccompanied youth experiencing homelessness may not need parental consent to access their educational records. Unaccompanied homeless youth are youth who are not in the physical custody of a parent or guardian AND lack a fixed, regular, and adequate nighttime residence. These students face additional barriers when attempting to access their educational records, as they are often acting without the guidance of a parent or guardian. Additionally, FERPA limits what kind of information a school district may share with third parties when verifying the eligibility of a student under McKinney-Vento. Click on the links below to get more information on the privacy laws regarding student educational records.
Frequently Asked Questions and Answers
Find answers to commonly asked questions about privacy of student records for students in temporary housing situations.
Resources
Confirming Eligibility for McKinney-Vento Services: Do's and Don'ts for Local Liaisons [PDF]
This document provides helpful information on what to do and what not to do when determining if a student is eligibile for services under McKinney-Vento, and enrolling a student in temporary housing in school.
Laws and Guidance
Family Educational Rights and Privacy Act (FERPA) [PDF]
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of educational records and generally requires schools to have written permission from a parent before releasing any information from a child's records.
Accessing Student Records Under FERPA [PDF]
This Guidance from the U.S. Department of Education, "Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters" contains information that can assist unaccompanied youth and their caregivers in accessing student educational records. The Guidance clarifies in question 3 that caregivers can access educational records, even if they are not legal guardians and are not related to the student. The Guidance also explains in questions 5 and 6 that schools can give unaccompanied youth full access to their own records, even when they are under 18. (Once they turn 18, students have the right to access their records.)