FERPA and Special Education Records

Special education generates more records than almost any other school function: evaluation reports, eligibility decisions, IEPs, progress data, discipline files, and parent correspondence. Two federal laws control those records. FERPA — the Family Educational Rights and Privacy Act — gives parents the right to see, correct, and control the disclosure of their child's education records. IDEA adds special education-specific provisions on top, including the rights to inspect records relevant to special education and to receive certain records before IEP meetings. LEA staff handle these records every day; the rules matter in every one of those moments.

• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and 34 CFR Part 99

• IDEA records provisions, 34 CFR §§ 300.611 through 300.627

• Alabama Administrative Code, Chapter 290-8-9, rule .08  Procedural Safeguards — records access and confidentiality provisions 

What counts as an education record. Nearly everything the school maintains about a student that is directly related to the student and identifies the student: grades, discipline, health and nursing notes, counseling records, special education files, emails about the student kept by the school. Assume it is an education record unless you know otherwise. If it is an education record, FERPA applies.

The four parent rights. Parents have the right to (1) inspect and review education records — the school must comply within 45 days, and IDEA expects access to special education records before any IEP meeting, at a reasonable cost; (2) request amendment of records they believe are inaccurate or misleading; (3) provide consent before the school discloses records, with specific exceptions; and (4) file a complaint with the U.S. Department of Education's Student Privacy Policy Office for alleged FERPA violations.

When rights transfer to the student. Under FERPA, rights transfer to the "eligible student" at age 18 or when the student enrolls in a postsecondary institution. Under IDEA, Alabama rule and monitoring practice address rights transfer in special education at age 19. Between 18 and 19, the interaction of the two laws is a common source of confusion in Alabama — when this question arises in your LEA, check the current rule text and consult the TA Team before acting.

The exceptions you actually use. The school officials exception allows disclosure to teachers and staff with a legitimate educational interest — the backbone of day-to-day special education work. Records may also be disclosed without consent under a lawful subpoena, in a health or safety emergency, and, under 34 CFR § 99.31(a)(5), to ALSDE in connection with a state complaint or due process hearing. "Legitimate educational interest" is not a blank check: it means the official needs the record to perform their job for this student.

Special education-specific points. IDEA requires the LEA to provide the parents, before any IEP meeting, copies of evaluation reports and other records the parents will review at the meeting. Discipline records and the IEP itself are education records like any other. When a parent requests records, route the request through the LEA's designated records custodian — do not hand over files directly.

• Confirm records access requests go to your LEA's designated records custodian

• Respond to inspection requests promptly — FERPA's outer limit is 45 days, but special education timelines are shorter

• Check identity and authority (parent vs. eligible student) before releasing anything

• Send records that support IEP discussion home before meetings

• Never disclose special education information to anyone — staff included — who does not need it for this student

• Emailing or handing records directly to a parent or third party without routing through the custodian

• Discussing an identifiable student in a staffing where staff have no educational interest in the student

• Missing the difference between an eligible student (18, FERPA) and the age of majority in Alabama special education (19, IDEA/state rule)

• Treating an outside provider's request for records as automatically permitted — outside providers generally need parent consent

U.S. Department of Education, Protecting Student Privacy — FERPA: https://studentprivacy.ed.gov/ferpa 

IDEA and FERPA Crosswalk (U.S. Department of Education): https://studentprivacy.ed.gov/sites/default/files/resource_document/file/IDEA-FERPA%20Crosswalk_08242022.pdf 

A Parent Guide to FERPA: https://studentprivacy.ed.gov/sites/default/files/resource_document/file/A%20parent%20guide%20to%20ferpa_508.pdf 

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