What is the definition of an "eligible student" in FERPA?

The definition of an "eligible student" under FERPA refers specifically to individuals who are either 18 years of age or older, or those who are attending a postsecondary institution, regardless of their age. This distinction marks a significant transition in the privacy rights of students. Once a student reaches the age of 18 or enrolls in a college or university, they gain autonomy over their educational records; this means that schools can no longer disclose information from a student’s records without their consent, reflecting a recognition of their maturity and capacity to manage their own educational information.

This definition is essential for understanding who holds the rights to control access to educational records under FERPA. It differentiates those who are minors from those who have reached adulthood or are pursuing higher education, emphasizing the shift in rights that occurs at these milestones.