Is the application of FERPA the same in college as in K-12 schools?

FERPA, or the Family Educational Rights and Privacy Act, applies to both K-12 schools and post-secondary institutions, but there are notable differences in how it is implemented in these two educational settings.

In K-12 schools, parents have the right to access their child's educational records and make decisions about the disclosure of those records. This means that parents have significant control over who can access their child's information. Once a student turns 18 or enrolls in a post-secondary institution, the rights under FERPA transfer from the parents to the student. This transition fundamentally changes the nature of who has access to educational records; students are now the ones responsible for granting permission for others to see their records, and parental access is limited unless the student provides consent.

Additionally, colleges and universities have different disclosure rules regarding the information contained in educational records. For example, colleges can share certain information, like directory information, without consent, provided they have given students the opportunity to opt-out. K-12 institutions face stricter regulations about sharing this information.

These differences demonstrate that while FERPA's overarching principles are consistent, the specific rights and protections vary significantly between the K-12 and college levels, justifying the conclusion that the application of FERPA is very