Does a spouse of an eligible student have rights with respect to that student’s education records?

No, spouses of eligible students have no rights under FERPA. Before an education institution discloses information from a student’s education records to his or her spouse, the student would have to provide written consent.

Audience:

Parents and Students

Postsecondary School Officials

Topics:

FERPA

Parent and Eligible Student Rights

Featured Resources

A Parent Guide to the Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act or FERPA provides certain rights for parents regarding their children’s education records. This guide provides general information on a parent’s rights under FERPA.

An Eligible Student Guide to the Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act or FERPA provides certain rights for parents regarding their children’s education records. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, the student becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student. This guide provides general information on an eligible student’s rights under FERPA.

Protection of Pupil Rights Amendment (PPRA) General Guidance

This guidance document reviews parents’ rights under the PPRA and education officials’ obligations in implementing the PPRA. The PPRA applies to the programs and activities of a State educational agency (SEA), local educational agency (LEA), or other recipient of funds under any program funded by the U.S. Department of Education. (20 U.S.C. § 1232h, 34 CFR Part 98)

SPPO-21-01

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