When do the rights under FERPA transfer from parents to students?

The rights under the Family Educational Rights and Privacy Act (FERPA) transfer from parents to students when the student turns 18 or attends a postsecondary institution, whichever comes first. This provision recognizes the student's emerging independence and autonomy in educational choices.

Once students reach the age of 18, they are considered adults in the eyes of the law and can exercise their rights directly. Additionally, these rights are also transferred to students younger than 18 who enroll in a postsecondary institution, acknowledging that older teens may be managing their educational records and decisions independently of their parents. This ensures that as individuals mature, they are granted the appropriate control over their personal educational information.

This transfer of rights emphasizes the importance of confidentiality and the control students have over their own educational records, particularly as they navigate their transition into adulthood and higher education environments.