Can Parents Use FERPA to Challenge a Student’s Grades?

The Family Educational Rights and Privacy Act, commonly referred to as FERPA, is a federal law designed to protect student records maintained by schools. FERPA also provides a mechanism for parents to review student records, and also to request corrections to those records. Sometimes a parent will attempt to use FERPA, and the requirement for schools to consider a parent’s request for a correction in the records, to challenge school decisions like grades or disciplinary actions. Some even go so far as to request a hearing under FERPA when a school refuses a request to change a student’s record on a matter with which the parent disagrees, like a failing grade.

While these efforts by parents can be a clever attempt to stretch the purpose and meaning of FERPA, the guidance from the federal Department of Education is clear that, “…while the FERPA amendment procedure may be used to challenge facts that are inaccurately recorded, it may not be used to challenge a grade, an opinion, or a substantive decision made by a school about an eligible student.”

In other words, the ability of parents to request changes in student records is limited to clerical or recording mistakes, and isn’t a proper avenue for challenging substantive decisions. Parents may have other avenues, by meeting with a teacher or administrator or filing some form of complaint or grievance, to challenge a substantive decision. However, FERPA or requesting a FERPA hearing is not appropriate for those instances.

Schools that need help updating their policies or assistance managing such a parent request should contact our office for additional guidance.