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The Family Educational Rights and Privacy Act (FERPA) requires that schools that receive federal funding must make student records available for viewing by parents and, if they are eighteen or older, the students themselves.
Students cannot access information such as psychiatric reports or other non-educational records in the possession of a counselor, doctor, or social worker. Parents can, however, see these files.
If a parent or student requests access to records, the school must comply with this request within forty-five days.
The school cannot charge a fee to search for or retrieve a student's records.
The school can charge a reasonable fee for a copy of the educational record that is provided to the parent or child unless the fee prevents a parent or student from exercising rights under the FERPA.
If a parent or student believes the educational records contain information that is inaccurate, misleading, or in violation of the student's right of privacy, the parent or student can ask the educational agency to amend the record.
If the school refuses to amend the student's record, the parents or student can request a formal hearing before a neutral party to decide the issue.
If the hearing results in a decision not to change the student's record, the parent or student has the right to place a statement in the record commenting on the contested information or stating why the student or parent disagrees with it. This statement becomes a permanent part of the record. It must be disclosed whenever the portion of the record to which the statement relates is disclosed.
Usually, a school must receive written consent from a parent or student before it can disclose personally identifiable information from the student's records to a third party.
Without obtaining prior consent, a school can disclose personally identifiable information from a student's record to appropriate parties in connection with an emergency if the information is necessary to protect the health or safety of the student or other individuals.
If a parent or student feels that the school has violated the FERPA, the parent or student can file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 20202-4605.
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