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Student Records - FERPA Exam Latest Update
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Student Records - FERPA Exam LatestUpdate
Annually Notify - ANSWER Colleges are required to do this for
parents or eligible students so that they are aware of their rights to
inspect and review records, seek amendment of records, provide
consent to disclose records and files a complaint with the
Department of Education for
compliance failures.
Dates of Attendance - ANSWER Academic year, fall term or first
quarter; daily records are not necessary.
Dependent - ANSWER For parents to be given general access to their
child's college records, they must have claimed the student as this on
their last federal income tax statement.
Family Policy Compliance Office (FPCO) - ANSWER Where FERPA
complaints are filed; communicates with ED to determine
eligibility for funding (attach to FERPA)
Indirect Recipients - ANSWER A college is considered to be this if its
students receive monetary benefits such as federal grants, loans or
work-study.
Parent - ANSWER May be a natural parent, a guardian, or an
individual acting as a parent in the absence of a parent or guardian.
Proper Identification - ANSWER Students can be required to provide
this to gain access to personal records and to review the docket or
file while in the records office.
FERPA - ANSWER This law applies only to educational institutions
that are either direct or indirect recipients of federal funds made
available by the Department of Education (20 USC § 1232g; 34 CFR
, Part 99). Specifically, the law states that: "No funds shall be made
available under any applicable program to any educational agency or
institution which has a policy of denying, or which effectively
prevents, the parents of students who are or have been in
attendance at a school of such agency or at such institution . . . the
right to inspect and review the education records of their children"
(emphasis added) (20 USC § 1232g(a)(1)(A)).
Funds may be withheld either when there is a policy of denying
access OR when the institution effectively prevents access,
regardless of policy.
FERPA - who is it limited to? - ANSWER FERPA (like title IX) is limited
in application only to educational entities (e.g., Letter to University of
Wisconsin (FPCO Feb. 3, 2003) (finding no FERPA violation when the
requested records were maintained by an organization and not the
university)).
Qualifying as a Person to Whom Access is Permitted and From Whom
Permission is Acquired - ANSWER The FERPA provides access rights
to the parents of a student until the student reaches the age of 18.
At age 18 OR when the student attends an institution of
postsecondary education, the student is permitted access and
provides consent for others to gain access (34 CFR §§ 99.3 & 99.5;
Mesa College, 6 FAB 7 (FPCO 2002)).
The child must be a current or former student—including
correspondence and work-study programs on a part-time or full-time
basis (34 CFR § 99.3).
Does FERPA apply to audited courses or to those denied admission?
- ANSWER Access is not required for students who have only audited
courses or for those who have applied but were denied admission (20
USC § 1232g(a)(6); 34 CFR § 99.5(c); Tarka v. Franklin, 891 F.2d 102
(5th Cir. 1989)).
How can parents get access to educational records? - ANSWER For
parents to be given general access to their child's college records,
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