NYS-TEACHS
at Advocates for Children
151 West 30th Street
5th Floor
New York, NY 10001
TEL 800.388.2014
FAX 212.807.6872
Privacy of Student Records
Click on the links below to learn more about the privacy of student records when helping a student experiencing homelessness.
Resources
Contacting Landlords and Complying with FERPA [Word doc]
Under FERPA, the Family Education Rights and Privacy Act, schools cannot make known parts of a student's educational record, such as housing status, without a parent's consent.
Confirming Eligibility for McKinney-Vento Services: Do's and Don'ts for Local Liaisons [PDF]
This document provides helpful information on what to do and what not to do when determining if a student is eligibile for services under McKinney-Vento, and enrolling a student in temporary housing in school.
Laws and Guidance
Family Educational Rights and Privacy Act (FERPA) [PDF]
The Family Educational Rights and Privacy Act (FERPA) protects the privacy of educational records and generally requires schools to have written permission from a parent before releasing any information from a child's records.
Accessing Student Records Under FERPA [PDF]
This Guidance from the U.S. Department of Education, "Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters" contains information that can assist unaccompanied youth and their caregivers in accessing student educational records. The Guidance clarifies in question 3 that caregivers can access educational records, even if they are not legal guardians and are not related to the student. The Guidance also explains in questions 5 and 6 that schools can give unaccompanied youth full access to their own records, even when they are under 18. (Once they turn 18, students have the right to access their records.)