Frequently Asked Questions

This section is designed to allow stakeholders easy access to all Frequently Asked Questions about student privacy.  All of the questions contained on this page have been tagged for easy browsing by either topic or audience.  This section is regularly updated as new questions are received.  You may also search the FAQs by using the search box on the top right of the page.

Can a school’s law enforcement unit officials be considered schools officials with legitimate educational interests?

Yes, if certain conditions apply.   These officials may be considered “school officials” with “legitimate educational interests” and have access to students’ education records, but only if they:

  1. Perform an institutional service or function for which the agency or institution would otherwise use employees;
  2. Are under the direct control of the agency or institution with respect to the use and maintenance of education records;
  3. Are subject to the requirements in § 99.33(a) that the personally identifiable information (PII) from education records may be used only for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of students, and governing the redisclosure of PII from education records; and
  4. Meet the criteria specified in the school or LEA’s annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records.

Can off-duty police officers or School Resource Officers (SROs) be considered school officials under FERPA and, therefore, have access to students’ education records?

Yes, if certain conditions are met.  FERPA (§ 99.31(a)(1)(i)(B)) permits schools to outsource institutional services or functions that involve the disclosure of education records to contractors, consultants, volunteers, or other third parties provided that the outside party:

  1. Performs an institutional service or function for which the agency or institution would otherwise use employees;
  2. Is under the direct control of the agency or institution with respect to the use and maintenance of education records;
  3. Is subject to the requirements in § 99.33(a) that the personally identifiable information (PII) from education records may be used only for the purposes for which the disclosure was made, e.g., to promote school safety and the physical security of students, and governing the redisclosure of PII from education records; and
  4. Meets the criteria specified in the school or local educational agency’s (LEA’s) annual notification of FERPA rights for being a school official with a legitimate educational interest in the education records.

Can parents view a child’s post-secondary education record?

FERPA generally prohibits the nonconsensual disclosure of information derived from education records, except in certain specified circumstances. One of these exceptions permits the nonconsensual disclosure of information derived from education records to that student's parent if the student is a dependent for tax purposes. Neither the age of the student, nor the parent's status as custodial parent, is relevant to determining whether disclosure of information from the education records of eligible students to a parent without written consent is permissible under FERPA. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision, absent a court order specifically prohibiting it.

Does a school have to use only employees to staff its law enforcement unit?

The manner in which a school establishes its law enforcement unit is outside the scope of FERPA.  Accordingly, FERPA does not require a school to use only employees to staff its law enforcement unit.  Local police officers and other law enforcement personnel employed by local or state authorities also may serve as the “law enforcement unit” of an educational agency or institution.