We are having discussion and disagreement on whether Academic Standing Letters can be sent to parents at the end of each of our terms.  This would include if the student is dismissed or on probation at some level.

The argument at the institution is that we have parents’ tax returns in the students’ financial aid files, so this disclosure is permissible.  I tend to disagree with that, but we would like further guidance.

Sincerely,

Helen O. Troy

Dear Helen,

The "dependent student" exception to FERPA's signed consent requirement is found at §99.31(a)(8) of the FERPA regulations.  If the conditions set forth in this exception are met, namely that the student must be claimed on the parent's tax return, then the institution may disclose education records of the student to the parents.  Note that this is a permissible disclosure, not a required one because it is to a party other than the student. Also, the tax return must be for the most recently completed tax year. You can find the regulatory language on page 161 of the 2012 AACRAO FERPA Guide.

I hope this is helpful in providing guidance.

Sincerely,

The FERPA Professor

AACRAO members can send questions for the FERPA Professor to connect@aacrao.org.