Embedded Files
The Family Educational Rights and Privacy Act (FERPA) of 1974 is the main educational privacy law in the United States, with the main purpose being to preserve the privacy of student education records. Education records are maintained by local education agencies (LEAs). FERPA grants specific rights to parents/guardians regarding their children’s education records. Typically, parents retain the right to access and provide consent to disclose the personal information within their student’s education record, with some exceptions.
The Family Educational Rights and Privacy Act (FERPA) of 1974 is the main educational privacy law in the United States, with the main purpose being to preserve the privacy of student education records. Education records are maintained by local education agencies (LEAs). FERPA grants specific rights to parents/guardians regarding their children’s education records. Typically, parents retain the right to access and provide consent to disclose the personal information within their student’s education record, with some exceptions.
Some examples of education records include:
Some examples of education records include:
- Academic assessments (exams, grades, transcripts, and other academic records)
- Class lists and schedules
- General counseling and advising records
- Disciplinary files
- Student health information (grades K-12)
Uninterrupted Scholars Act (2013)
Uninterrupted Scholars Act (2013)
FERPA was amended through the passage of the Uninterrupted Scholars Act in 2013. The law allows county children and youth agencies (CCYAs) to access student education records without parental consent or a court order in cases where the CCYA has legal custody of the student (U.S. Department of Education, 2014).
Information sharing between LEAs and CCYAs is necessary to maintain effective collaboration between agencies and to ensure positive educational outcomes for foster care students. When CCYA staff can access a foster care student’s education record, they can better support the success and stability of the student, assist with changes in school placement, and ensure the student has access to all necessary services.
Education Record Access: Parents of Foster Students
Education Record Access: Parents of Foster Students
When a school-aged child is placed into foster care, their biological or legal parent does not automatically lose access to the child’s education record under FERPA. FERPA rights of parents of children in the foster care system can be dependent on specific court orders.
Regional Best Practice: When allowable, local county children and youth agencies (CCYAs) are encouraged to include any recent court orders to LEAs when sending out placement notification forms.
In many cases, biological parents still retain the right to access their child’s education record while the child is in foster care. It can be beneficial when the parent collaborates with the CCYA and LEA and maintains an active role in their child’s education. However, no two situations are the same. There can be cases where parents lose all parental rights of a child, meaning the child is no longer theirs, thus terminating all FERPA rights.
Regional Best Practice: If an LEA is contacted by a parent of a foster care student for student records and is unsure of the specifications of a court order that may limit the sharing of information, the LEA should contact the local CCYA with any questions.
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