An eligible student under FERPA (Family Educational Rights and Privacy Act) is defined as a student who has either reached 18 years of age or is attending a postsecondary institution at any age. Once a student meets this criterion, the rights that were previously held by the student's parents transfer to the student. This means the eligible student has control over their educational records and the disclosure of their personally identifiable information. Key points about an eligible student under FERPA include:
- The student must be 18 years or older, or any age if attending a postsecondary institution.
- Rights transfer from the parents to the student when they become eligible.
- Parents may still have access to education records without the student's consent if the student is claimed as a dependent for IRS tax purposes.
- The eligible student has the right to inspect and review their education records, seek to amend those records, control disclosure of information from those records, and file complaints regarding FERPA compliance.
This definition applies to students who are currently attending or have attended postsecondary educational institutions and includes students enrolled in any instructional delivery method (in-person, online, correspondence, etc.). Therefore, under FERPA, an eligible student is essentially an adult student or a postsecondary student who has full rights to their education records and privacy protections under the law. Parents' rights to access these records cease when the student becomes eligible, except under certain dependency conditions.
