As specified by FERPA, noncustodial parents:
CHOOSE AN OPTION BELOW
Can’t access student records without court permission
Can’t access student records without permission from the custodial parent
Must obtain permission from the student before viewing student records
Have the full rights as parents for access to student records
The correct Answer and Explanation is:
The correct answer is: “Have the full rights as parents for access to student records.”
Explanation:
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA grants parents specific rights regarding their children’s education records, such as the right to access and review the records, request corrections, and have control over the disclosure of personal information.
One of the common concerns relates to the rights of noncustodial parents—those who do not have physical or legal custody of the child. Under FERPA, noncustodial parents have the same rights as custodial parents regarding access to their child’s educational records. This means they can request to review records without needing permission from the custodial parent, the student, or the courts. These rights remain in place unless a court has issued a legally binding document, such as a divorce decree or a court order, that specifically revokes the noncustodial parent’s right to access the child’s educational records.
In practice, this means that noncustodial parents can obtain the same information about grades, attendance, and other academic matters as the custodial parent. Schools are legally obligated to provide such access unless they have been presented with a court order that states otherwise.
FERPA also transfers these rights to the student once they reach 18 years of age or attend a school beyond the high school level (e.g., college). At that point, the student is considered an “eligible student,” and parental access to records is generally no longer permitted without the student’s written consent, regardless of custodial status. However, in K-12 settings, noncustodial parents maintain full rights to educational records.