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FERPA gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. With several exceptions, schools must have a student's consent prior to the disclosure of education records after that student is 18 years old.
Student educational records, according to the FERPA statute, is defined as "those records, files, documents, and other materials which--(i) contain information directly related to a student; and (ii) are maintained by an educational agency or institution or by a person acting for such agency or institution."
The court reaffirmed the department's broad reading of the term "educational records" and stated that Congress, in amending FERPA in 1998 to allow post-secondary institutions to disclose the final results of disciplinary proceedings, must have intended that disciplinary records be education records or this amendment would be "superfluous".
Custody, as a legal concept, establishes where a child will live, and often, the duties of the person(s) with whom the child lives. The FERPA, on the other hand, simply establishes the parents' right of access to and control of education record related to the child. Generally, a school is not required to provide parents copies of records.
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