What is the law concerning student records and privacy rights?
In Texas, the Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. FERPA generally gives parents the right to inspect their child’s educational records, challenge or correct any records they deem incorrect, and limit the disclosure of educational records to others. Under FERPA, students aged 18 or older (or attending an institution of post-secondary education) are deemed responsible for their educational records. This means that they have the same rights as a parent in reviewing, challenging, and limiting the disclosure of student records. In Texas, students have the right to inspect and review their own educational records. Generally, students must submit a written request to the school’s principal or other appropriate school official. The school official must respond to the request within 45 days. FERPA also prohibits the disclosure of student education records without the written consent of the parent or eligible student. A school may disclose records without consent to school officials who have a legitimate educational interest or need to know the information contained in the records. In addition, the Student Records and Privacy Act of 2005 (SB 563) requires that students and their parents be notified before student records are released to a third party or transferred to another entity. Students and their parents also have the right to refuse to release student records contained in their child’s permanent record. Overall, FERPA and the Student Records and Privacy Act of 2005 help to protect the privacy of students and their educational records.
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