POLICY REPORT 1

Policy Report: FERPA and Parental Involvement in Higher Education

Yazmin Colin and Katelyn Spencer

California State University, Fresno

POLICY REPORT 2

Policy Report: FERPA and Parental Involvement in Higher Education

In the 1950s, the importance placed on attendance in primary and secondary schools

gained momentum, resulting in the creation of educational records that were used to track

personal information as well as specific characteristics of each student that could impact a

student’s future academic performance. At colleges and universities, these educational records

included sensitive information such as transcripts, grades, and any notes from admissions staff.

While primary and secondary schools had the ability to keep these educational records

centralized, a student’s educational record could be housed within various departments across

campus (Elliot et al., 2014). Prior to the implementation of the Family Educational Rights and

Privacy Act (FERPA), students and parents had little access to these educational records.

However, these same records were inappropriately available to multiple outside authorities and

could contain potentially harmful information regarding the student (Elliot et al., 2014;

O’Donnell, 2003; Parent Coalition for Student Privacy, n.d.).

FERPA was proposed by Senator James Buckley and implemented as an amendment to

the federal education bill on May 14, 1974. Senator Buckley’s interest in proposing this

amendment arose from the concern regarding primary and secondary school children

participating in surveys, a widespread practice at this time, without the knowledge or consent of

their parents (O’Donnell, 2003). Once passed, FERPA’s primary role was to implement

protections that would uphold the privacy of the student’s educational records (Family

Educational Rights and Privacy Act [FERPA], 1974). FERPA defined educational records as “all

records, files, documents and other materials containing information directly related to a student”

and “ maintained by the educational agency or institution or by a person acting for such an

agency or institution” (National Forum on Education Statistics, 2006, p. 2). The federal law
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mandates that all schools, public or private, that receive federal funds, such as financial aid, are

subject to its policies (Electronic Privacy Information Center [EPIC], n.d.; FERPA, 1974;

O’Donnell, 2003; Parent Coalition for Student Privacy, n.d.). FERPA requires these institutions

to grant parents, students over the age of eighteen, or students enrolled at a college or university

the right to access these educational records (FERPA, 1974; Parent Coalition for Student

Privacy, n.d.). The law also allows for the student or parent of a minor to amend any incorrect

information found in the record, as well as granting them control over the disclosure of the

educational record (EPIC, n.d.; FERPA, 1974; National Forum on Education Statistics, 2006).

However, there are certain conditions that allow for the disclosure of educational records

without the consent of the student or parent: (a) school officials with legitimate educational

interests; (b) other schools to which a student is transferring; (c) specified officials for audit of

evaluation purposes; (d) appropriate parties in connection with financial aid to a student; (e)

organizations conducting certain studies for or on behalf of the school; (f) accrediting

organizations; (g) to comply with a judicial order or lawfully issued subpoena; (h) appropriate

officials in cases of health and safety emergencies; and (i) state and local authorities within a

juvenile justice system, pursuant to specific State law (EPIC, n.d.; FERPA, 1974; National

Forum on Education Statistics, 2006). While institutions are not required to have a policy in

place regarding educational records, an amendment to FERPA in 1996 requires that institutions

annually notify the student or parents of their rights under FERPA (O’Donnell, 2003; National

Forum on Education Statistics, 2006).

In the context of higher education, FERPA was not meant to include colleges or

universities, but were included due to a drafting error during the amendment process (O’Donnell,

2003). Because of this, the rights to access the educational records are transferred from the
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parents and bestowed upon the student overnight as long as they meet the qualifications of being

eighteen or older, or are enrolled at a college or university (National Forum on Education

Statistics, 2006). Parents could no longer access the student’s academic, disciplinary, and health

health records, and any request to view them would need to come with the student’s explicit

consent to do so (Cutler, 2003). Although FERPA works to protect the student’s privacy, it does

not deter the parent’s desire to be involved.

Daniel et al. (2001) notes that parents of today’s undergraduates are active participants in

their student’s college experiences compared to previous generations of parents. Parents have

been encouraged to be active participants in their student’s education in primary and secondary

school, traits that have carried over into higher education (Falkner & Savage, 2007). They are

also participating in the college selection process at higher rates, providing the necessary

foundational support system needed for first-year students (Daniel et al., 2001). The involvement

of parents have proven to be a boon to student success, and they continue to remain in close

contact with their students, whether electronically or in-person, on a daily basis and are often

seen as better advisors compared to the student’s peers (Falkner & Savage, 2007). The family

structure for undergraduates has become less uniform, the general make-up consisting of single

parent households, blended families, and multigenerational families (Daniel et al., 2001).

Colleges and universities are continuously working to understand the balance between

the university, the student, and the parent, reiterating that it is the student who is enrolled, not the

parent (Daniel et al., 2001; Marquez Kiyama & Harper, 2015). Weeks (2001) argues that too

many institutions hide behind FERPA as a way to avoid involvement with parents, and don’t

take advantage of the opportunity to facilitate access to information for parents. Parents today

also expect the ability to act on their rights to be more involved due to having paid for their
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student’s tuition, the evolving nature of higher education’s role in the community at large, and

treating their student more like their child than an independent adult (Scott & Daniel, 2001;

Weeks, 2001).

Establishing an effective relationship between parents and an institution can promote a

positive support system and have an intentional impact on student success (Scott & Daniel,

2001). Donovan and Mckelfresh (2008) argue that by including parents in campus communities

can lead to greater “campus diversity, enrollment, retention, and financial and human resources”

(p. 385). Donovan and Mckelfresh (2008) also stress the importance in acknowledging the role

that parents and families play in their student’s education, using the term “umbrella families” to

support the idea of “standing next to their student, rather than in front of their student” and “hold

the umbrellas, thus freeing students’ hands to do their own work at the college or university” (p.

386).

Not only are parents more involved with their student’s education, but students are

wanting to have their parents more involved in their journey. Kennedy (2009) indicates that

students ask for their parents input when the university is unable to assist the student with their

needs. The bureaucracy of a university can be challenging to students and thus seek assistance

from their parents who can help navigate this system. However, a parent can only go so far as

FERPA restricts parents’ involvement. Instead of allowing the college or university to restrict

parents’ access to information, it should be up to the student’s discretion as to who can view their

record. A student knows best as to how much information a parent or guardian needs access to in

order to assist them. This can be accomplished in a multitude of ways. One way is to allow the

student to grant access to specific parts of their educational record. Students would have the

option to decide how much access a parent has to their record, and the student can change this
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access at any given time. By allowing the student to have the authority to grant access it gives

the power back to the student. Another option is to amend FERPA directly. By amending

FERPA, it will make it easier for students to share important information with their parents

without having to jump through multiple hoops to do so.

Under FERPA, a student’s privacy is protected by federal law. However, as family

dynamics change, FERPA has failed to evolve as a new generation of students enroll in college

and expand to assist parents who wish to support their child. By giving the student more

autonomy over their records and how involved they wish for their family to be, colleges and

universities have the opportunity to develop a close-knit relationship with parents and families

that ultimately support student success within higher education.

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References

Cutler, H. A. (2003). Parental notification and family counseling: Amendments to FERPA. The

Family Journal, 11(2), 174–177. https://doi.org/10.1177/1066480702250150

Daniel, B. V., Evans, S. G., & Scott, B. R. (2001). Understanding family involvement in the

college experience today. New Directions for Student Services, 2001(94), 3-13.

https://doi.org/10.1002/ss.7

Donovan, J. A., & McKelfresh, D. A. (2008). In community with students' parents and families.

NASPA Journal, 45(3), 384-405. https://doi.org/10.2202/1949-6605.1879

Electronic Privacy Information Center. (n.d.). Family educational rights and privacy act

(FERPA). https://epic.org/privacy/student/ferpa/

Elliott, T. L., Fatemi, D., & Wasan, S. (2014). Student privacy rights - History, Owasso, and

FERPA. Journal of Higher Education Theory & Practice, 14(4), 34-47.

http://digitalcommons.www.na-businesspress.com/JHETP/ElliotTL_Web14_4_.pdf

Falkner, T. M., & Savage, M. (2007). Easing the parent/FERPA dilemma. College & University,

83(1), 55-60. https://www.aacrao.org/docs/default-source/c-

u-.pdfs/hm3u1nrzr56qinub40d0_cuj8301.pdf?sfvrsn=ff464ff_0

Family Educational Rights and Privacy Act, 20 U.S.C. § 1232g (1974).

https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Kennedy, K. (2009). The politics and policies of parental involvement. About Campus, 14(4),

16-25. https://doi.org/10.1002/abc.297

Marquez Kiyama, J., & Harper, C. E. (Eds.). (2015). Shifting the paradigm of parent and family

involvement: A practitioner perspective of families as partners in student success. ASHE

Higher Education Report., 41(6), 45-65.

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National Forum on Education Statistics. (2006). Forum guide to the privacy of student

information: A resource for schools. U.S. Department of Education. Washington, DC:

National Center for Education Statistics. https://nces.ed.gov/pubsearch/pubsinfo.asp?

pubid=2006805

O’Donnell, M. L. (2003). FERPA: Only a piece of the privacy puzzle. Journal of College and

University Law, 29(3), 679-718.

Parent Coalition for Student Privacy. (n.d.). Student privacy, FERPA, and its weakening by the

US Department of Education. https://www.studentprivacymatters.org/ferpa-changes/

Scott, B. R., & Daniel, B. V. (2001). Why parents of undergraduates matter to higher education.

New Directions for Student Services, 94, 83-89. https://doi.org/10.1002/ss.14

Weeks, K. M. (2001). Family‐friendly FERPA policies: Affirming parental partnerships. New

Directions for Student Services, 2001(94), 39–50. https://doi.org/10.1002/ss.10