Who needs to sign the FERPA Release and FERPA Waiver - student, parent or both?

Short Answer

FERPA Release:  If the student is 18 or older, then only the student needs to sign.  If the student is under the age of 18, then only a parent/guardian needs to sign. 

 

FERPA Waiver:  Only the student needs to sign.

 

Long Answer

FERPA §99.30 requires “a signed and dated written consent” from a “parent or eligible student” prior to disclosing “personally identifiable information from the student's education records.”  §99.3 defines ‘eligible student’ as "a student who has reached 18 years of age or is attending an institution of postsecondary education.

 

  • 99.5(c) limits a student’s rights to inspect records, “including records maintained in connection with the student's application for admission,” to educational institutions in which the “student is accepted and attends.” Since students must be attending a postsecondary institution to have these rights, they are deemed eligible students regardless of age.

 

 

How did we do?

Does FERPA even apply to my high school?

Does SCOIR’s electronic signature on the FERPA Release and FERPA Waiver constitute a valid signature?

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