[Counselors] FERPA

[OSRHEStudent Prep PK-12 Counselor Discussion Board]

from my law professor at SWOSU

When a student turns 18 years old or enters a postsecondary institution at any age, these rights under FERPA transfer from the student's parents to the student. Under FERPA, a student to whom the rights have transferred is known as an "eligible student." Although the law does say that the parents' rights afforded by FERPA transfer to the "eligible student," FERPA clearly provides ways in which an institution can share education records on the student with his or her parents.
While concerns have been expressed about the limitations on the release of information, there are exceptions to FERPA's general rule that educational agencies and institutions subject to FERPA may not have a policy or practice of disclosing "education records" without the written consent of the parent (at the K-12 level) or the "eligible student."
When may a school disclose information to parents of dependent students?
Under FERPA, schools may release any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules.
 The student need not sign anything.  By virtue of their age, their rights transfer.  A counselor in this situation has an ethical responsibility to inform the student of their rights and how to proceed.
Connie Miller
Principal Texhoma Schools
connie.miller at texhoma61.net
580-423-7371

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