Holder of FERPA Rights
Who holds FERPA rights depends on context: in high school the parent holds rights until the student turns 18; once a student attends only a college or university the student holds the rights regardless of age; and even after transfer, a school may disclose to parents if the student is a tax dependent.
| Situation | Rights holder |
|---|---|
| High school student under 18 | Parent holds the rights |
| High school student who turns 18 | Rights transfer from parent to student |
| Dual-enrolled (high school + college) | High school rules apply |
| Attending only a college or university | Student holds rights regardless of age |
| Student is a tax dependent | School may disclose records to parents without student consent |
The rights transfer to the student when a high schooler turns 18, OR as soon as the student is attending only a college or university - regardless of age. A student who holds the rights may sign a written consent letting parents view records.
A 19-year-old college student holds her own FERPA rights. But because she is claimed as a dependent for tax purposes by her parents, the school may disclose her education records to either parent without her consent.