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FERPA, Custody, and Access to Education Records

By Robin D. Carton
October 30, 2006

The Family Educational Rights and Privacy Act of 1974 (20 USC ' 1232g), more commonly referred to as FERPA, is a federal law that protects the privacy of student education records. FERPA applies to all schools that receive public funding.

FERPA's terms contradict the commonly held belief that a non-custodial parent's right to a child's education record is defined only by the text of the stipulation of settlement or court order. FERPA guarantees a parent's right of access to, and control of, the education record related to the child. While custody or other residential arrangements for a child can determine where a child will live, and, often, the duties and responsibilities of the residential parent, a parent's designation as a non-custodial parent does not extinguish that parent's FERPA rights.

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