The primary rights that eligible students have under FERPA include:
1. Right to inspect and review education records.
With respect to a student's right to inspect and review records, it is the institution's responsibility to:
. comply with the request within 45 days
. make a copy of records available when failure to do so would effectively deny access (i.e., for students or former students who do not live within commuting distance)
. not destroy records if request for access is pending
2. Right to seek to amend education records.
3. Right to have some control over the disclosure of information from education records. This includes the right to:
. forbid disclosure of directory information
. direct an institution to supply third parties with records on their behalf
Limitations on the right to inspect and review records
An institution does not have to permit a student to inspect and review education records that:
. contain information on more than one student. The requesting student may inspect, review or be informed of only the specific information about his or her records
. contain the financial records of his or her parents
. contain confidential letters and statements of recommendation regarding admission, application for employment, or receipt of an honor or honorary recognition (if the student has waived his or her right to inspect and review those letters and statements)Note: These items can be temporarily removed from the student's file to accommodate a review.
Parental Rights to Access Records
Custodial and non custodial parents and legal guardians of a dependent student have the right to access that student's records without consent. (It does not matter which party, in the case of single/divorced parents, claims the student as a dependent) Once the student is not a dependent, all rights pass from the parent/guardian to the student.