Who Can Access Your Child’s School Records? Unpacking Student Privacy Laws in 2026

Who Can Access Your Child’s School Records? Unpacking Student Privacy Laws in 2026

As a parent or guardian, understanding who can access your child’s school records is critical for protecting their privacy. In the United States, student records are protected under federal law, specifically the Family Educational Rights and Privacy Act (FERPA). FERPA governs how educational institutions manage student records, ensuring parents and students have certain rights while restricting access to unauthorized individuals. This article explores the key aspects of student privacy laws in 2026, including who can access records, what rights parents and students have, and the exceptions to these rules.

What Are Student Records?

Student records, also referred to as education records, include information directly related to a student and maintained by an educational institution. Examples include:

• Grades and transcripts
• Attendance records
• Standardized test scores
• Disciplinary records
• Health and immunization records (if maintained by the school)

These records are considered private and are generally protected from disclosure without proper authorization under FERPA.

Who Can Access Your Child's School Records Under FERPA?

Under FERPA, the following parties may access a child’s school records under specific conditions:

1. Parents or Legal Guardians

Parents or guardians have the right to access their child’s education records until the child turns 18 or enrolls in a post-secondary institution. At that point, these rights transfer to the student, now considered an "eligible student."

2. School Officials with Legitimate Educational Interests

School officials, such as teachers, administrators, or counselors, may access records if they have a legitimate educational interest. This means they need the information to perform their job responsibilities.

3. Authorized Government Agencies

Certain government agencies, such as the Department of Education or state education authorities, may access records for audit, evaluation, or compliance purposes.

4. Parties with Written Consent

Parents or eligible students can authorize third parties to access records by providing written consent. For example, they might approve access for a tutor, attorney, or therapist.

Exceptions: When Records Can Be Released Without Consent

FERPA allows schools to disclose education records without consent in specific situations, including:

• Directory Information: Schools can release "directory information" (e.g., name, address, phone number) unless parents opt out.
• Health and Safety Emergencies: Schools may disclose information to protect the health or safety of a student or others.
• Judicial Orders or Subpoenas: Records may be disclosed if required by a court order or subpoena.
• Transfer to Another School: Records may be sent to another school where the student intends to enroll.

It’s crucial for parents to understand these exceptions to ensure they can make informed decisions about their child’s privacy.

Rights of Parents and Students Under FERPA

FERPA provides parents and eligible students with the following rights:

1. Right to Access Records

Parents and eligible students can review and inspect education records within 45 days of making a request.

2. Right to Request Corrections

If you believe a record is inaccurate or misleading, you can request an amendment. If the school denies the request, you have the right to a formal hearing.

3. Right to Control Disclosure

Except for certain exceptions, schools cannot disclose records without written consent. Parents can also opt out of allowing the release of directory information.

How to Protect Your Child’s Privacy

Here are some steps parents can take to safeguard their child’s education records:

1. Review School Policies: Understand your school’s FERPA policy and how they handle student records.
2. Opt Out of Directory Information Disclosures: Many schools allow parents to opt out of sharing directory information. This is often done at the start of the school year.
3. Monitor Record Access: Ask for a log of who has accessed your child’s records and why.
4. Educate Children on Privacy: Teach your child about the importance of personal information and how to protect it.

Frequently Asked Questions

Can grandparents or other relatives access my child’s school records? No, grandparents or other relatives cannot access a child’s school records unless they have written consent from the parent or legal guardian, or they have legal custody of the child.

What happens when my child turns 18? When a child turns 18 or enrolls in a post-secondary institution, FERPA rights transfer to the student, making them an "eligible student." Parents no longer have automatic access to records without the student’s written consent.

Can schools share information with law enforcement? Yes, but only under specific circumstances, such as in response to a court order, subpoena, or health and safety emergency. FERPA aims to limit unnecessary sharing of information with law enforcement.

What is considered directory information? Directory information includes details such as a student’s name, address, phone number, date of birth, and participation in school activities. Parents can opt out of allowing schools to share this information.

How do I request access to my child’s school records? Submit a written request to your child’s school. They are required to allow access to the records within 45 days of receiving the request.

Disclaimer: This content is provided for informational and educational purposes only and is not legal advice. Use of this article, the app, or the website does not create an attorney–client relationship. Laws vary by jurisdiction and may change over time. The information provided may not reflect the most current legal developments and is provided without any warranties of accuracy or completeness. You should always seek the advice of a licensed attorney or qualified legal professional in your jurisdiction for any legal matter. If you are in an emergency or dangerous situation, please contact law enforcement or call 911 immediately.