Understanding FERPA and Why Complaints Matter
The Family Educational Rights and Privacy Act, known as FERPA, is a federal law passed in 1974 that protects the privacy of student education records. This law applies to schools and educational institutions that receive federal funding, which includes most public schools, many private schools, colleges, and universities across the United States. FERPA gives parents of students under 18 and students who are 18 or older the right to control who sees their education records and how that information gets used.
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Education records include much more than just grades. They contain attendance information, test scores, disciplinary records, special education information, counselor notes, and any other documents that directly relate to a student's education. FERPA protects these records from being shared without permission, except in specific situations allowed by law.
When a school or educational institution violates FERPA by sharing records without permission, losing records, or refusing to show records to the person who has the right to see them, a person can file a complaint. Filing a complaint is one way to address violations and encourage schools to follow the law. The complaint process is free and available to anyone who believes a FERPA violation has occurred.
Understanding FERPA complaints matters because education records contain sensitive personal information about students. If this information is shared incorrectly, it could affect a student's reputation, future educational opportunities, or cause embarrassment. Knowing how to report violations helps protect student privacy and holds schools responsible for following federal law.
Practical Takeaway: FERPA violations can happen in different ways—from a school official casually mentioning a student's grades to a parent, to records being lost or shared with someone who shouldn't see them. If you believe a violation has occurred, understanding the complaint process is the first step toward addressing the problem.
Who Can File a FERPA Complaint
Not everyone can file a FERPA complaint. The law limits who has the right to file based on their relationship to the student and the student's age. Understanding whether you can file a complaint depends on several factors, including your role and the student's age at the time the violation occurred.
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Parents of students under 18 years old can file complaints about violations of their child's education records. A parent includes biological parents, adoptive parents, and foster parents. In some cases, a person acting as a parent—such as a guardian or person with legal custody—may also file a complaint. If parents are divorced or separated, typically both parents have FERPA rights unless a court order states otherwise.
Students who are 18 years old or older can file complaints about their own education records. Once a student turns 18, FERPA rights transfer from the parents to the student. This is true even if the student still lives with parents or the parents pay for education. However, students can give permission for parents to see their records through a signed release or consent form.
The student or parent who files a complaint must be the one directly harmed by the violation or have direct knowledge of it. For example, a parent who was denied access to their child's report card can file a complaint. A student whose records were shared with someone without permission can file a complaint. However, someone who heard about a violation secondhand but did not directly experience it typically cannot file.
School staff members, teachers, and administrators cannot file FERPA complaints about school practices, even if they disagree with how the school handles records. However, they can provide information if contacted during an investigation.
Practical Takeaway: Before beginning the complaint process, confirm that you have the legal standing to file. If you are a parent of a student under 18, or if you are a student 18 or older, you likely can file a complaint if you experienced a FERPA violation directly.
Types of FERPA Violations You Can Report
FERPA complaints can address different types of violations. Understanding what counts as a violation helps determine whether filing a complaint makes sense. Not every disagreement with a school involves a FERPA violation, but several common situations do.
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Unauthorized disclosure is one of the most common violations. This occurs when a school shares a student's education records with someone who does not have permission to see them and who is not permitted under FERPA to see them without consent. Examples include a school official sharing a student's grades with a neighbor, giving a student's disciplinary record to a prospective employer without permission, or mailing education records to the wrong address where someone else sees them. Posting student information on social media or sharing it in a public setting also counts as unauthorized disclosure.
Denial of access is another type of violation. This happens when a parent or student asks to see education records, and the school refuses to show them or delays providing them without a legal reason. Schools must allow parents and students to review records within 45 days of a request in most cases. If a school says "no" to a reasonable request to see records, or if they keep delaying after repeated requests, this may be a violation.
Inaccurate or misleading records fall under FERPA as well. If a student's education record contains information that is factually wrong or incomplete, the student or parent can challenge it. For example, if a report says a student was expelled when they actually only received a suspension, or if grades are listed incorrectly, these are inaccuracies. Schools must have procedures to correct or challenge inaccurate information.
Failure to maintain record security can also be a violation. Schools must keep records in a way that protects privacy. If records are stored where they can be seen by unauthorized people, or if lost records are not handled properly, this represents a failure to maintain security. For instance, if a school leaves student folders on an unsecured desk where anyone can see them, or if a hard drive with student data is lost without notification to families, these are security failures.
Violations involving special education records are also actionable. FERPA has specific rules about student records related to special education services. If these records are mishandled, it can be reported as a violation.
Practical Takeaway: Document the specific violation you experienced. Note the date it happened, what information was shared or denied, who was involved, and any witnesses. The more specific details you provide, the clearer your complaint will be.
Steps to File a FERPA Complaint
Filing a FERPA complaint involves several steps. The process begins with gathering information and documentation about the violation, then submitting a formal complaint to the right government office.
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The first step is to document everything about the violation. Write down the date the violation occurred, what happened, who was involved, and what information was affected. Include the names of people you spoke with at the school, what they said, and when conversations took place. Save any emails, letters, or written communication from the school. Take photographs if records were left in an unsecured location. The more detail and documentation you have, the stronger your complaint will be.
Before filing a formal complaint, many people try to resolve the issue directly with the school. You can contact the school's principal, the records custodian, or the district office to explain the violation and request that it be corrected. Put your concern in writing if possible, and keep a copy. Give the school a reasonable amount of time to respond, typically 10 to 14 days. Sometimes violations are unintentional, and schools will fix them quickly once they understand the problem. This step is optional but often leads to faster resolution.
If the school does not address the problem, you can file a formal complaint with the U.S. Department of Education's Office for Civil Rights (OCR). This office investigates FERPA violations. Complaints must be filed within 180 days of the violation or when the violation was discovered. The complaint should include your name and contact information, the student's name and school, a description of what happened, the date of the violation, and any documentation you have.
Complaints to the OCR can be filed online through their website, by mail, by phone, or in person. You do not need a lawyer to file a complaint. There is no cost to file. You will need to provide specific information and answer questions about the violation. The OCR will send a copy of your complaint to the school, and the school will have an opportunity to respond.
Once the OCR receives your complaint, they will determine if they have authority to investigate. Not all complaints qualify for OCR investigation—for example, if more than 180 days have passed, the office may not open an investigation. If they do investigate, the process