Who ultimately holds the rights to educational records under FERPA once a student turns 18?

Under FERPA (Family Educational Rights and Privacy Act), once a student turns 18 years old or attends a school beyond the high school level, the rights to access and control their educational records transfer from the parents to the student themselves. This shift acknowledges the maturity of the student as they reach adulthood, empowering them to make decisions regarding their own educational information.

This means that students have the legal right to inspect and review their education records, request corrections to those records if they believe they are inaccurate, and control the disclosure of personally identifiable information from those records. This shift in rights supports the student’s independence and their ability to manage their own academic data as they progress through their education.

In contrast, the institution holds the responsibility to protect these records in compliance with FERPA, but it does not own the rights to them. Parents, once their child reaches the age of 18, no longer hold rights to the student's educational records unless the student grants them access. The federal government enforces FERPA and sets the regulations, but it does not hold any rights to individual student records. Thus, the student is indeed the rightful holder of their educational record rights after turning 18.