FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

PARENTAL ACCESS TO STUDENT EDUCATION RECORDS

At the post secondary level, parents have no inherent rights to inspect a student’s educational records. The right to inspect is limited solely to the student.

Records may/must be released to a parent only if one of the following conditions has been met:

1. Written consent is provided by the student;

2. Lawfully issued records subpoena is received;

3. Health or Safety emergency;

4. The student is a tax dependant of the parent on the most recent federal tax form; or

5. The student is under 21 years old and has violated an institutional policy governing the use or possession of alcohol or controlled substances.

Regarding the disclosure of student records to a parent based on the student’s tax dependent status, it is important to note the following:

1. the Department of Education has expressed the view that a student enrolled in an institution of higher education is presumed to be financially independent;

2. Tax dependency must be establish based on the parent’s most recent federal income tax return;

3. If one parent claims the student as a tax dependent, either parent may seek access to the student record information; and

4. Even if tax dependency is established the release of records is at the discretion of the College.

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