CPRA and student records
Q: Do student records qualify as records whose disclosure is exempted pursuant to Federal law (FERPA) under the Ca. Public Records Act?If so, can I waive my right to privacy or is that exempted under FERPA so that I can make a Ca. Public Records request for these records?Would charges against a student (non-law enforcement purpose, disciplinary action) qualify under the Information Practices Act if exempted from the California Public Records Act?
A: Generally speaking, FERPA should not interfere with a student’s rights to review his or her own educational records. If the records at issue are in the custody of an agency that is subject to the California Public Records Act, and that agency has refused your Public Records Act request, the agency should inform you of the basis for withholding the records. Whatever exemption the agency claims as its authorization for withholding the documents may provide some indication as to how best to proceed.