Are student records confidential?
Federal law and University policies have detailed rules relating to access to student education records. The relevant federal law is the Family Education Rights and Privacy Act (“FERPA”), popularly known as the Buckley Amendment. Generally, a student’s education records are private and cannot be disclosed without the student’s permission. However, there are some exceptions. The most obvious is that a student’s education records will be disclosed to the student. They can also be disclosed to University faculty, staff and administrators with a “legitimate education interest” in the records, to any person with a subpoena for them, and persons representing agencies from whom the student seeks or is receiving financial aid. Additionally under limited circumstances they can be disclosed to certain governmental officials, certain researchers, and accrediting organizations. See, Univ. Op. Man. § IV, 6.1(e).
Yes. While parents may access all school records concerning their children, a school district’s policy on the confidentiality of student records may limit access to certain documents by school personnel. Only parents, teachers and school personnel who are involved in the education of children with disabilities have the right to access a child’s educational records (Family Education Rights and Privacy Act of 1974). All general education, special education and other school personnel who have students with disabilities in their classes or caseloads have the right under federal law to access the student’s Individualized Education Program. It makes sense: To meet a student’s individual needs, school staff need to know what services and supports are required in the IEP.
