Parent Access to Student Records
One area of the law that generates confusion
is the right of a parent to access student record information. If the
student is not a dependent for tax purposes (and this may be the case with many
graduate students), the parent has no right to access student record
information about the child unless the parent has the child's written
permission. Parents stand in the same shoes as any outside party.
Affidavits of parental claims and records of
student permission are maintained in the Office of the Registrar
and are updated annually.
If the student is claimed by the
parent as a dependent for income tax purposes, then student record information
may be released at the discretion of the University to the parent as long as a
notarized affidavit, along with a copy of the relevant page from the parent's most recent income tax return indicating the student's dependent status, is
provided to the university. Affidavits must be updated annually, otherwise, prior written permission from the student is required. (See Access
to Education Records in the online FERPA Compliance Manual). Full rights are
given to either parent, regardless of who claims the child as a dependent,
unless the institution has been provided with evidence that there is a court
order, state statute, or legally binding document limiting those rights, such
as divorce, separation or custody orders.
|
