What Materials Are Considered "Educational Records"?
In the United States, "educational records" are defined by federal law as records, files, documents, or any other materials that: (1) contain information related to a student; and (2) are maintained by an educational institution or someone on its behalf. This definition is broad; however, the law also specifies what is excluded. For example, records maintained solely by teachers or other school employees are not considered educational records. Also excluded are records from school law enforcement, records for students aged 18 or older maintained by medical professionals, and those regarding a student's treatment.
Access Rights to Educational Records
The Family Educational Rights and Privacy Act (FERPA) grants parents and students access to educational records, with some limitations. Parents can exercise these rights while the student is a minor, but once the student turns 18, the rights transfer to them. Parents may still access the records without the student's consent if the student is a dependent as per federal tax records.
Each school must establish procedures for providing access to educational records. Requests from parents should be fulfilled within a reasonable period, not exceeding 45 days from receipt of the request. Schools also need to respond to requests for explanations or interpretations of the records in a timely manner. If access to records is challenging for parents or eligible students, schools must arrange for them to either obtain copies or review the records through alternative means. Importantly, records cannot be destroyed if there is a pending request for access.
There are key exceptions to access rights. Firstly, if a record includes information about other students, parents can only view the portion relevant to their child. Secondly, while non-custodial parents typically have access rights, schools must deny requests in the presence of a court order, state law, or legal document that explicitly revokes access. A stepparent retains rights under FERPA when living in the home with the natural parent and child daily. Conversely, a stepparent not living in the household lacks FERPA rights regarding that child's education records.
Contact Us
If you have any questions regarding access rights to educational records Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
