The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Can stepparents, grandparents, and other caregivers be considered parents under FERPA?

Can stepparents, grandparents, and other caregivers be considered parents under FERPA?

In some cases, a stepparent may be considered a “parent” under FERPA if the stepparent is present on a day-to-day basis with the natural parent and child and the other parent is absent from that home.  Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to the child’s education records.  A grandparent or other caregiver who is acting in the absence of the parent(s) may also be considered a “parent” under FERPA.

Source: 34 CFR § 99.3