In the case of a divorce, do both parents have rights under FERPA?

Generally, yes. Unless a school is provided with evidence that there is a court order, state law, or other legally binding document relating to such matters as divorce, separation, or custody that specifically provides to the contrary, FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records. A school may ask for legal certification denoting parenthood, such as a birth certificate or court order, from the parent requesting access.

Source: 34 CFR § 99.4

Parents and Students K-12 School Officials 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)