When Schools Violate FERPA: Enforcing Student Record Rights

Congruence Law, P.C. Helps Families Assert Their Rights Under the Family Educational Rights and Privacy Act

Your child’s school records contain deeply personal information—grades, health data, discipline records, special education plans, and more. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects your right to access, amend, and control disclosure of those records.

When schools deny access, improperly release information, or retaliate against families for asserting their rights, they violate FERPA—and open the door to formal complaints and legal remedies.

At Congruence Law, P.C., we help families take control of their child’s educational records, challenge inaccurate or damaging content, and stop unlawful disclosures before they cause lasting harm.

What Rights Do Parents and Students Have Under FERPA?

FERPA applies to all schools that receive federal funds, including nearly all public K–12 schools and most colleges. The law provides:

➤ The Right to Inspect and Review Education Records. You must be granted access within 45 days of your request (or sooner under state law).

➤ The Right to Request Corrections. You can request that inaccurate, misleading, or otherwise harmful information be amended.

➤ The Right to Consent to Disclosure. Schools generally cannot share identifiable student information without written parental consent (unless an exception applies).

➤ The Right to File a Complaint with the U.S. Department of Education. Violations can be reported to the Family Policy Compliance Office (FPCO).

Once a student turns 18 or enters college, these rights transfer from parent to student.

Examples of FERPA Violations

• Refusing to provide timely access to IEPs, disciplinary records, or evaluations

• Sharing grades, medical info, or disability status with unauthorized staff or parents

• Releasing student data to third parties (e.g., contractors, researchers, tech vendors) without proper safeguards

• Failing to notify parents of their FERPA rights at the beginning of the school year

• Posting student grades or discipline online, in public areas, or via unsecured platforms

• Denying access to co-parents or guardians without a lawful basis

What We Do at Congruence Law, P.C.

We help families exercise and enforce their FERPA rights through direct advocacy, complaint filings, and litigation when necessary. Our services include:

• Requesting and reviewing student records to ensure compliance and completeness

• Challenging harmful or inaccurate content, including discipline entries, evaluations, and false allegations

• Filing FERPA complaints with the U.S. Department of Education

• Advising on data privacy in tech tools, apps, and virtual platforms

• Representing parents in disputes over access, especially in joint custody or protective order situations

We also advise students whose FERPA rights were violated in higher education settings, including unauthorized disclosures or record withholding over tuition disputes.

What Schools Say—and Why It’s Often Wrong

“We don’t have to show you that—it’s internal.”→ If it’s maintained by the school and personally identifies the student, it’s likely covered by FERPA.

“It’s not a violation because it was just verbal.”→ Verbal disclosures of protected information (e.g., disability, discipline) can still violate FERPA.

“You already signed a blanket release.”→ Consent must be specific, informed, and revocable. Broad or coerced releases may be invalid.

“We sent it to the other parent, not you.”→ Both legal parents generally have equal access unless restricted by court order.

Pitfalls to Avoid

• Failing to submit record requests in writing. Create a clear paper trail of your request and the school’s response.

• Letting the school delay beyond legal deadlines. Follow up—FERPA sets a 45-day maximum.

• Not reviewing your child’s records regularly. Many errors go unnoticed for years.

• Assuming private schools are exempt. Some private schools receive federal funding and are subject to FERPA; others must follow state privacy laws.

Why Choose Congruence Law, P.C.

Your child’s record shouldn’t become a barrier to success. Whether you’re trying to correct an error, uncover hidden documentation, or stop an unauthorized disclosure, we’ll stand with you every step of the way.

If your school has denied access to records, released confidential information, or refused to amend harmful content, contact us today:

education@congruencelaw.com or at 202-630-8141.

Let us help you defend your child’s privacy, correct the record, and ensure accountability in the education system.