Education Records Requests
Parental Rights to Inspect and Review Education Records
FERPA gives parents the right to review and confirm the accuracy of their child's education records maintained by NDE. This includes, for example, state assessments administered by the school districts and maintained by the Department. These rights transfer to the student when the student turns 18 years old or attends a postsecondary institution. NDE must comply with a parent's request to inspect and review education records within a reasonable period of time, but not more than forty-five days after it has received a request. NDE may make the education records available to the parent either directly, by sending them to the local school district for inspection and review, or making other appropriate arrangements. FERPA generally permits NDE to charge a fee for a copy of an education record that is made for a parent, unless imposing a fee effectively prevents a parent from exercising his or her right to inspect and review records.
FERPA requires the Department to use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the agency or institution discloses personally identifiable information from education records. NDE may ask for legal certification denoting parenthood, such as a birth certificate, as well as for other forms of identification if needed. Alternatively, NDE may work with the local school district or school to verify the requestor's status as the child's parent.
More information on parent rights under FERPA can be found at the federal Family Policy Compliance Office's "FERPA General Guidance for Families" (Outside Source).
Laws, Rules and Guidance