Question
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?
Answer
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.
Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.