FERPA (Family Educational Rights and Privacy Act) is a federal law protecting student education records at federally funded institutions. While homeschools aren't subject to FERPA, these rights become relevant when homeschoolers use public school services or enroll in college courses.
What Are FERPA Rights?
The Family Educational Rights and Privacy Act is a federal law enacted in 1974 that protects the privacy of student education records. FERPA grants parents three core rights: the right to access and review their child's education records, the right to request corrections to inaccurate information, and the right to control who receives those records. When a student turns 18 or enters any postsecondary institution, these rights transfer from parents to the student, who becomes an "eligible student" under the law.
Key Takeaways
- FERPA applies only to schools receiving federal funding—independent homeschools are not subject to FERPA
- Rights transfer to students at age 18 or upon college enrollment, regardless of age
- Homeschoolers should sign a FERPA waiver when dual enrolling to maintain parental access
- Records created when homeschoolers use public school services are protected under FERPA
When FERPA Applies to Homeschoolers
FERPA only covers educational institutions receiving federal funding from the U.S. Department of Education. Since independent homeschools don't receive federal funding, they operate outside FERPA jurisdiction. However, FERPA becomes directly relevant in several situations: when your homeschooled student takes classes at public schools part-time, participates in public school extracurriculars or sports, uses special education services, or takes standardized tests administered through public schools. Any records created during these interactions fall under FERPA protection.
The Dual Enrollment FERPA Trap
Here's something that catches many homeschool families off guard: when your student enrolls in college courses—even while still in high school—FERPA rights transfer to the student immediately, regardless of age. This means parents lose automatic access to grades, can't sit in on academic advising sessions, and can't discuss course selection with college counselors. The solution is straightforward but essential: have your student sign a FERPA waiver authorizing the college to share information with you. Without this waiver, you could find yourself locked out of your 14-year-old's college academic records.
What FERPA Actually Allows
Common misconceptions about FERPA abound. Colleges can share information with parents if the student is claimed as a dependent on taxes, during health or safety emergencies, or for alcohol and drug violations involving students under 21. Schools may also share information based on personal observation rather than education records. The amendment right under FERPA allows correction of inaccurate information but doesn't give parents the power to change grades based on disagreement with academic evaluation.
The Bottom Line
For most day-to-day homeschooling, FERPA isn't something you'll encounter. But the moment your student interacts with federally funded institutions—whether taking a class at the local high school, using testing services, or starting dual enrollment—understanding FERPA becomes essential. The most important action item: always have dual-enrolled students sign a FERPA waiver so you maintain access to their academic records. A little paperwork upfront saves significant frustration later.
