Hi FERPA Professor,
I know the student has the right to view his/her educational record. Does the student have the right to also view non-student documents? For example, their parent's State Tax return, or their spouse's military order? We require certain documents for evidence of residency to determine if the student pays resident tuition or non-resident tuition.
If the student has no right to view those non-student documents, I am also assuming that the student has no right to receive copies of those non-student documents in his/her educational record.
Thanks,
Red Noah Shreindeer
__________________________________________
Dear Rudolph,
There are two different issues involved in your inquiry. A student would generally have a right of access to any education record maintained on the student. An education record is defined as "directly related to the student and maintained by the institution," which would include the items you mention above. However, §99.12(b)(1) of the FERPA regulations permits an institution to withhold access to the financial records of the student's parents, if it chooses to do so. Additionally, even if the student has a right of access to the requested education records, §99.10(d) provides that so long as the institution provides that record access, the institution does not generally have to provide copies.
I hope this is helpful in responding to your inquiry.
The FERPA Professor
Please check out our Ask the FERPA Professor archives for more insight from the professor.
Want the Professor to come to your campus? Visit our FERPA compliance training page.
Send your questions for the FERPA Professor to connect@aacrao.org.