An eligible student under FERPA is a student who has turned 18 or who is enrolled at a postsecondary institution at any age. Once either is true, the privacy rights over education records that belonged to the student’s parents transfer entirely to the student. From that point on, the student decides who can see transcripts, grades, disciplinary files, and other records the school holds.1U.S. Department of Education. Eligible Student
The Two Triggers
Only one of the following has to apply:
- You turn 18. At the secondary level, the day a student reaches 18, parental rights under FERPA transfer to the student.
- You enroll at a postsecondary institution. A student of any age who enrolls at a college or university becomes an eligible student for that institution’s records, even if the student is still in high school at the same time.
The statute puts it plainly: once a student has turned 18 or is attending a postsecondary institution, the consent required of and rights accorded to parents are thereafter required of and accorded to the student.2Office of the Law Revision Counsel. 20 U.S. Code 1232g – Family Educational and Privacy Rights
What Changes the Day You Qualify
The transfer is not gradual, and you do not have to claim it. It happens by operation of law. A parent who has been reviewing grades online may find themselves locked out of the portal the semester their child turns 18, with no warning beyond the school’s annual FERPA notice. Schools are required to send that notice every year, explaining how to inspect records, how to request amendments, and how to file a complaint.3eCFR. 34 CFR 99.7 – What Must an Educational Agency or Institution Include in Its Annual Notification?
Rights You Hold as an Eligible Student
Once FERPA rights transfer, you can exercise the same protections your parents formerly held.
Inspect and review your records. The school must make education records available within 45 days of receiving a written request. Schools may charge a reasonable fee for photocopies, but the fee cannot be so high that it effectively blocks review, and no charge is allowed for searching or retrieving records. If a copy fee is out of reach, you still have the right to inspect the records in person at no cost.4U.S. Department of Education. Family Educational Rights and Privacy Act (FERPA)
Ask for corrections. If something in a record is inaccurate or misleading, you can request an amendment. If the school refuses, you have the right to a formal hearing.
Control who sees your information. Schools generally need your written consent before sharing personally identifiable information from education records with anyone outside the institution, unless a specific exception applies.
File a complaint. If a school violates FERPA, you can complain to the U.S. Department of Education’s Student Privacy Policy Office.
Records That Don’t Count as Education Records
Not everything a school holds about you is a FERPA-protected education record. Several categories sit outside the law:
- Sole possession notes kept by a teacher or administrator and never shared with anyone else.
- Records created and maintained by a campus police or security unit for law enforcement purposes.
- Employment records about you in your role as an employee, unless your employment depends on your student status.
- Treatment records made by a physician, psychologist, or other professional treating a student who is 18 or older, when those records are used only for treatment and disclosed only to the provider.
- Records created after you are no longer enrolled that are unrelated to your time as a student.
- Papers graded by classmates before a teacher collects and records the scores.
The treatment records point matters for eligible students. Counseling or therapy records at a college health center generally sit outside FERPA, which means they are handled separately from your education record but are also not subject to FERPA’s inspection and amendment rights.5U.S. Department of Education. What Records Are Exempted from FERPA?
Dual Enrollment: High School and College at the Same Time
If you are under 18 and enrolled in both a high school and a college, your rights split between the two institutions. At the college, you are an eligible student regardless of age, and the college must treat you as the rights holder. At the high school, your parents keep their FERPA rights until you turn 18.6U.S. Department of Education. If a Student Under 18 Is Enrolled in Both High School and a Local College, Do Parents Have the Right to Inspect and Review Education Records?
The two schools may exchange information. If the college sends records to the high school, parents can inspect what the high school holds. Parents cannot go directly to the college for access unless you provide written consent or you qualify as a tax dependent.
When Schools Can Share Records Without Your Consent
Eligible students control their records, but FERPA carves out several situations in which a school can disclose information without asking first.
Tax dependents. If a parent claims you as a dependent on their federal tax return, the school may share your education records with that parent without your consent. Under the Internal Revenue Code, a qualifying child can be claimed as a dependent up to age 24 if they are a full-time student, so many college students remain covered by this exception even after becoming eligible students.7Office of the Law Revision Counsel. 26 U.S. Code 152 – Dependent Defined Schools are permitted to share in this situation but are not required to. Many colleges ask the parent for evidence of dependency, such as the relevant portion of a tax return, before releasing anything.
School officials with a legitimate educational interest. Teachers, advisors, and other staff who need your records to do their jobs can view them, along with contractors and consultants performing services the school would otherwise handle in-house.
Health or safety emergencies. In a genuine emergency, the school can release information to people who need it to protect you or others.
Judicial orders and subpoenas. A court order or lawfully issued subpoena can compel disclosure. The school must generally make a reasonable effort to notify you beforehand so you can seek a protective order, though certain federal grand jury and law enforcement subpoenas with non-disclosure orders are exceptions.
Financial aid purposes. Schools can share records when necessary to determine eligibility, set amounts, establish conditions, or enforce the terms of aid.4U.S. Department of Education. Family Educational Rights and Privacy Act (FERPA)
Directory Information and the Opt-Out Window
Schools may designate certain basic categories as “directory information” and release them publicly without your consent. Typical categories include your name, address, phone number, date and place of birth, dates of attendance, and participation in sports or activities.8U.S. Department of Education. Directory Information Each school picks which categories it will treat this way, but it must give you public notice and a window of time to opt out in writing.
The federal regulation does not set a specific number of days for the opt-out window; each school sets its own deadline in its annual notice. Miss it and the school can treat your information as public for the rest of that period. At many institutions, the window falls in the first few weeks of the academic term, so reading the FERPA notice early is worth the time.
Filing a FERPA Complaint
If you believe a school has violated your FERPA rights, you can file a complaint with the Student Privacy Policy Office at the U.S. Department of Education. The complaint must be submitted within 180 days of the violation, or within 180 days of when you reasonably learned about it.9U.S. Department of Education. File a Complaint
FERPA does not give students a private right to sue a school in court. Enforcement runs exclusively through the Department of Education, which typically works with schools toward voluntary compliance. If a school refuses to come into compliance, the Department can withhold federal funds, issue a cease-and-desist order, or terminate the school’s eligibility for federal funding programs. A third party found to have improperly received or redisclosed student information can be barred from accessing education records at that institution for at least five years.