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If you have any questions regarding education law, contact one of our Education Lawyers at (203) 221-3100.

 

Under the Family Educational Rights and Privacy Act (FERPA), “parents and students have the right to access their educational
records, subject to a few limitations. Parents may exercise these rights while the student is a child, and the right extends to the student once he or she turns 18. Nevertheless, at this stage, parents still have the right to access the records without consent from the student provided the student is listed as a dependent on a parent’s federal income tax return.”

“Under the statute, each school must develop appropriate procedures for granting requests by parents for educational records within a reasonable timeframe, not to exceed 45 days from the date of the written request. In addition, the U.S. Department of
Education calls for schools to respond to reasonable requests for explanations or interpretations of the records also within a reasonable time.”

“Finally, the regulations prohibit the school from destroying records if there is an outstanding request for them.”

Limitations to the Right of Review

  • “…if information about another student is on the educational record, the parent can review only the portion of the record pertaining to his or her child.”
  • “while non-custodial parents generally can review their child’s records without consent from the student or other parent, a school must deny such a request if there is a court order, state statute, or legally binding document explicitly revoking the right.”

Stepparent Rights Under FERPA

“A stepparent has rights under the Family Educational Rights and Privacy Act (“FERPA”) when the stepparent is present on
a day-to-day basis with the natural parent and child, and the other parent is absent from that home. In such cases, stepparents have the same rights under FERPA as do natural parents. Conversely, a stepparent who is not present on a day-to-day basis in the home of the child does not have rights under FERPA with respect to such child’s education records.”

Read more about accessing educational records and other aspects of education law in our education publication here: https://mayalaw.com/wp-content/uploads/2023/11/Education-Publication.pdf

Maya Murphy P.C. has proudly been included in the 2024 Edition of Best Law Firms®, ranked among the top firms in the nation. In addition, Managing Partner Joseph C. Maya has been selected to The Best Lawyers in America® 2024 for his work in Employment Law and Education Law in Connecticut. Recognition in Best Lawyers® is awarded to firms and attorneys who demonstrate excellence in the industry and is widely regarded by both clients and legal professionals as a significant honor.

Our firm in Westport, Connecticut serves clients with legal assistance all over the state, including the towns of Ansonia, Beacon Falls, Bethany, Bethel, Branford, Bridgeport, Brookfield, Cheshire, Danbury, Darien, Derby, East Haven, Easton, Fairfield, Greenwich, Guilford, Hamden, Madison, Meriden, Middlebury, Milford, Monroe, Naugatuck, New Canaan, New Fairfield, New Haven, Newton, North Branford, North Haven, Norwalk, Orange, Oxford, Prospect, Redding, Ridgefield, Seymour, Shelton, Sherman, Southbury, Stamford, Stratford, Trumbull, Wallingford, Waterbury, West Haven, Weston, Westport, Wilton, and Woodbridge. In addition to assisting clients in Connecticut, our firm handles education law matters in New York as well.

If you have any questions about education law in Connecticut or would like to speak to an attorney about a legal matter, please contact Joseph C. Maya and the other experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or JMaya@Mayalaw.com to schedule a free initial consultation today.