Record confidentiality refers to the privacy rights surrounding homeschool educational records. Unlike public schools governed by FERPA, independent homeschools have greater autonomy over records but also full responsibility for their protection, storage, and appropriate disclosure.
What Is Record Confidentiality?
Record confidentiality in homeschooling addresses who can access your child's educational records, how they should be stored, and when disclosure is appropriate or required. Here's the key distinction from public school: the federal Family Educational Rights and Privacy Act (FERPA) generally does not apply to independent homeschools because they don't receive federal education funding. This means you have significantly more control over your children's records—but also more responsibility. You're both the educator and the record keeper, making all decisions about what to document, how to protect it, and when to share it.
Key Takeaways
- FERPA typically doesn't apply to independent homeschools—you control your records
- Homeschool parents are both educators and record keepers with full responsibility
- State requirements vary dramatically from none to comprehensive portfolio mandates
- Records become critical for college applications and school transitions
- ESA/scholarship programs may add reporting requirements that affect privacy
When FERPA Does Apply
While FERPA generally doesn't cover independent homeschools, exceptions exist. If your student enrolls in a virtual public school or charter program receiving federal funds, those records fall under FERPA. When homeschool records transfer to a public school, they become protected at that institution. College enrollment brings FERPA protection for records at the postsecondary institution. Participating in certain umbrella school or public-private partnership programs may also trigger FERPA requirements depending on funding sources.
Who Can Access Your Records
As the homeschool parent, you have complete control over records you maintain. Your student should have access to their own records, with rights formally transferring when they turn 18. State or local education officials may have limited access rights in states requiring submission for compliance verification. Courts can compel disclosure through judicial orders or subpoenas. Child welfare agencies may access records in suspected educational neglect cases, varying by state. Beyond legal requirements, you voluntarily share with colleges, future schools, employers, or umbrella programs as needed.
Protecting Your Records
Keep physical records in a secure, locked location. Use password-protected digital storage for electronic files and maintain backups separately. Retain records for at least 2-5 years minimum, though high school transcripts and diplomas should stay permanent. When using educational technology and online platforms, vet their privacy policies carefully—understand what data they collect about your student. The U.S. Department of Education's Privacy Technical Assistance Center offers guidance on protecting student data when using online services.
When You Must Share
College applications typically require transcripts, course descriptions, and test scores. Returning to public school means providing records for placement decisions. Legal proceedings through court orders may compel disclosure. ESA and education savings account programs often require expense documentation, testing results, and progress reports—reducing privacy compared to fully independent homeschooling. Knowing these requirements in advance helps you maintain appropriate records and set expectations.
The Bottom Line
Homeschool record confidentiality puts you in control—a double-edged reality. You're not constrained by the bureaucratic requirements public schools face, but you bear full responsibility for maintaining, protecting, and appropriately disclosing your child's educational records. Document thoroughly regardless of state requirements, as these records may be essential years later for college, employment, or school transitions. Treat your records with the same care any school would, while appreciating the privacy advantages your independence provides.
