Prepare the file for a FERPA education-record request
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the request and the record list, note who asked, the date the request was received, whether the requester is a parent or an eligible student, and which education records are asked for. Do not decide to grant or refuse access, and do not write the letter that goes out.
- What the lawyer must review
- You decide who may inspect and what is produced, and you write any letter. 34 CFR 99.1 applies where funds have been made available under a program administered by the Secretary, if the institution provides educational services or instruction, or the agency directs and controls public elementary or secondary or postsecondary institutions. Section 99.3 defines education records as records directly related to a student and maintained by the agency or institution or a party acting for it, and an eligible student as a student who has reached 18 or is attending a postsecondary institution. Section 99.5 transfers the parents' rights when the student becomes an eligible student. Section 99.4 gives full rights to either parent unless a court order, State statute, or legally binding document specifically revokes them. Section 99.10 requires compliance within a reasonable time and not more than 45 days after receipt, and a copy where circumstances effectively prevent inspection. Section 99.11 allows a copy fee unless it effectively prevents inspection, and forbids a fee to search for or retrieve records. Section 99.12(a) limits a record naming more than one student to the information about the requesting student. Section 99.30 requires a signed and dated written consent, specifying the records, the purpose, and the recipient, before disclosure of personally identifiable information, except as section 99.31 provides. The Department's short FERPA note states the same transfer of rights and points to 20 U.S.C. 1232g and 34 CFR Part 99. Read section 99.31 before a disclosure without consent. A State privacy statute may add a step.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.
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