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!

In the case of a divorce, do both parents have rights under FERPA?

In the case of a divorce, do both parents have rights under FERPA?

Generally yes.  Unless a school is provided with evidence that there is a court order, State law, or other legally binding document relating to such matters as divorce, separation, or custody that specifically provides to the contrary, FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records.  A school may ask for legal certification denoting parenthood, such as a birth certificate or court order, from the parent requesting access.

Source: 34 CFR § 99.4