National Counselor Exam (NCE)

According to the Family Educational Rights and Privacy Act, what should be your course of action when an 18-year-old student requests to view his educational records?

1. Deny his request as he is still a minor

2. Give him access to these records, as the Act affords him this right

3. Provide him with a summary of the records instead

4. Consult with a legal advisor before making a decision

The correct answer is: Give him access to these records, as the Act affords him this right

The rationale behind providing the 18-year-old student access to his educational records is rooted in the Family Educational Rights and Privacy Act (FERPA). Once a student turns 18 years old or attends a school beyond the high school level, they are considered an "eligible student" under this federal law. This status grants them specific rights regarding their educational records, including the right to inspect and review those records. Under FERPA, schools are required to allow eligible students access to their educational records upon request. This empowers students to take control of their own educational experiences, ensuring transparency and reinforcing their rights to privacy regarding their information. Therefore, when the 18-year-old requests to view his records, granting him access aligns with his legal rights as outlined by the Act. Additionally, since the law emphasizes the student's autonomy over their records, denying access would be a violation of FERPA, which is designed to protect students' rights, particularly as they transition into adulthood and assume responsibility for their educational journey.