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  1. This means that, in the case of divorce or separation, a school district must provide access to both natural parents, custodial and noncustodial, unless there is a legally binding document that specifically removes that parent’s FERPA rights.

  2. FERPA allows “school officials,” including teachers, within the school to obtain access to PII from education records without consent, provided that the school has determined the officials have a “legitimate educational interest” in the information.

  3. FERPA gives custodial and noncustodial parents alike certain rights with respect to their children’s education records, unless a school is provided with evidence that there is a court order or State law that specifically provides to the contrary.

  4. Do the rights of noncustodial parents difer from those of custodial parents? No. FERPA afords full rights to either parent unless the school has been provided with evidence that there is a court order, state statute, or legally binding document that specifically revokes these rights. Do stepparents have parental rights under FERPA?

  5. Under FERPA, educational agencies and institutions that receive federal funds must provide parents with access to the educational records of their children. Access must be provided within a reasonable time, but no later than forty-five days after a request to access education records has been made.

  6. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, the student becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student. This guide provides general information on an eligible student’s rights under FERPA.

  7. FERPA gives both parents, custodial and noncustodial, equal access to student information unless the school has evidence of a court order or state law revoking these rights.

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