As specified by FERPA, noncustodial parents:
Under FERPA, noncustodial parents have the same right to access their child's education records as custodial parents. A school must grant access unless a court order, state law, or legally binding document specifically revokes that parent's rights to the records.
The answer
As specified by FERPA (the Family Educational Rights and Privacy Act), noncustodial parents retain the same rights to access their child's education records as custodial parents. FERPA gives rights to "parents," and it does not distinguish between custodial and noncustodial status. So absent a specific legal document that says otherwise, a school must give a noncustodial parent access to their child's records on request.
The key phrase on the exam is usually "have the same rights ... unless there is a court order, state statute, or legally binding document specifically revoking those rights." That exception is narrow: a general divorce or custody decree that is silent about education records does not strip a noncustodial parent of FERPA access.
Why the other options are wrong
Common distractors claim that noncustodial parents:
- "Have no FERPA rights" — false. Losing physical custody does not remove FERPA rights. The default is equal access for both parents.
- "Need the custodial parent's permission" — false. Each parent holds rights independently; one parent cannot veto the other's statutory access.
- "Only get access with a court order" — this reverses the rule. A court order is what could take away access, not what is required to grant it. The baseline is access; the document is the exception.
The reason schools sometimes get this wrong is that they conflate custody (a family-law concept) with FERPA rights (a federal-education concept). FERPA cares about the parent-child relationship and any specific legal limits on records, not about who the child lives with.
The bigger picture
A few related rules round out the topic:
- The "either parent" rule. When a student is a dependent for tax purposes, FERPA rights extend to either parent, further reinforcing noncustodial access.
- The eligible-student transfer. FERPA rights belong to parents only until the student turns 18 or enrolls in a postsecondary institution at any age — at that point the student becomes an "eligible student" and the rights transfer to them, regardless of custody.
- What overrides access. Only a court order, state law, or other legally binding document that specifically addresses the records (for example, a protective order or a custody agreement expressly limiting one parent's access to school information) can revoke a noncustodial parent's FERPA rights.
So the best-supported completion of the stem is: noncustodial parents have the same access rights as custodial parents unless those rights are specifically revoked by a legally binding document.
| Access to education records | Yes | Yes — same right by default |
| Needs the other parent's permission | No | No |
| Rights removed automatically by divorce | No | No |
| Rights can be revoked by a court order/legal document | Yes, if specified | Yes, if specified |
| Rights after student turns 18 / enters college | Transfer to student | Transfer to student |
Frequently asked
Do both parents have FERPA rights after a divorce?
Yes. A divorce alone does not change FERPA rights. Both the custodial and noncustodial parent retain equal access to the child's education records unless a court order, state statute, or other legally binding document specifically revokes one parent's rights.
When can a school deny a noncustodial parent access to records?
Only when there is a court order, state law, or legally binding document that specifically revokes that parent's rights to the education records. A general custody arrangement that says nothing about school records is not enough to deny access.
Does custody affect a parent's FERPA rights?
No. FERPA grants rights based on the parent-child relationship, not on who has physical or legal custody. Losing custody does not remove a parent's FERPA access; only a specific legal document addressing the records can do that.
At what age do FERPA rights transfer to the student?
FERPA rights transfer to the student when they turn 18 or enroll in a postsecondary institution at any age — whichever comes first. After that, the student becomes an 'eligible student' and controls access, regardless of either parent's custody status.
What documents override noncustodial parent FERPA rights?
A court order, a state statute, or another legally binding document — such as a protective order or a custody agreement that expressly limits access to education records — can override a noncustodial parent's FERPA rights. The document must specifically address the records.