Summary

This article discusses the Family Educational Rights and Privacy Act (FERPA) rights delegation for deceased students.

Intended Audience

  • School Office Specialists
  • Registrars
  • Office Managers
  • Student Records Managers fulfilling student records requests

Instructions

If the Deceased Student is "Eligible" (over 18 years of age):

  • FERPA rights "expire" with the death of the student, so anyone can request those records and there is no violation of FERPA in disclosure.
  • With a request of an eligible student's death, proof of death is required in fulfilling the request.


If the Deceased Student is a Minor (under 18 years of age):

  • If a student passes away while still a minor, the FERPA rights belong to the parent, not the student, so they don’t expire upon the student’s death. They remain with the parents until the parents' death.



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