Parents' right to "dependent" student's records

[collegeparent]

What is the name of your state?CA
My college son meets the criteria under FERPA to be termed a "dependent student" (we claim him as a dependent under federal tax laws and we pay 100% of his education/living expenses). He was recently dismissed from the college sports team he was recruited to and the administration won't give us an explanation. They claim he must be the one to tell us why, unfortunately he won't. How can we force the university to tell us the reason as this must be part of his school record, which we have a right to see without his consent (due to his dependent status) under FERPA provsions?

 

[BelizeBreeze]

you have no rights to his PRIVATE information. If he doesn't want to tell you then that's the end of it.

 

[collegeparent]

Please explain why not. I am looking at www.ed.gov/policy/gen/guid/fpco/faq.html and it says clearly that under 34 CFR, 99.31(a)(8), a parent of a dependent student may have access to his educational records, wthout the student's consent, under this provision,

 

[BelizeBreeze]

Please explain why not. I am looking at www.ed.gov/policy/gen/guid/fpco/faq.html and it says clearly that under 34 CFR, 99.31(a)(8), a parent of a dependent student may have access to his educational records, wthout the student's consent, under this provision,

How old is your child?

 

[notsmartmark]

Here's the FERPA question you are referring to
http://www.ed.gov/policy/gen/guid/fpco/faq.html:

5. If I am a parent of a college student, do I have the right to see my child's education records, especially if I pay the bill?
As noted above, the rights under FERPA transfer from the parents to the student, once the student turns 18 years old or enters a postsecondary institution at any age. However, although the rights under FERPA have now transferred to the student, a school may disclose information from an "eligible student's" education records to the parents of the student, without the student's consent, if the student is a dependent for tax purposes. Neither the age of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision. (34 CFR § 99.31(a)(8).)


I think the key word is "may."

 

[collegeparent]

He is 18 years old

 

[BelizeBreeze]

Then you've just answered your own question.

He has no obligation to tell you anything and neither does the school.

 

[collegeparent]

Obviously I am aware that at 18 he is of legal age but you still have not said anything about the FERPA provision that if an "eligible" (FERPA defiition:18 years old) student is a dependent for tax purposes, a parent has the right to access his records. Is this provision enforceable, or not?

 

[notsmartmark]

You need to contact FERPA (202) 260-3887 and have them clear up if "may" is must, or if it is "May or may not."

Please post your findings.