Resolving an Education Privacy Violation

Posted: Jul 12 2019
Resolving a Privacy Violation of Your Education Records

If you think that your/your child’s education privacy rights have been violated, there are steps you can take to make it right.

Talk to the School

Trying to resolve the issue with the school or local agency before going through the U.S. Department of Education's formal complaint process might be quicker and more effective.

Gather the Facts

It’s important to get all the facts together before filing a complaint with the U.S. Department of Education.

If the school didn’t allow you to access your/your child's records, you will need 

  • the date you requested access to the records
  • the name of the school official you from which you requested the records 
  • a dated copy of the written request
  • the school official’s response (if any)
  • what information you requested

If the school didn’t give you the opportunity to seek an amendment to a record or offer you a hearing, you will need 

  • the date you requested the amendment to the records
  • the name of the school official with whom you made the request
  • a dated copy of a written request
  • the school official’s response (if any)
  • the information you requested be amended 
  • the evidence you provided to show that the information is wrong

If the school improperly disclosed information from your/your child's education records, you will need 

  • the date the improper disclosure occurred (or the date you learned of it)
  • the name of the school official who made the disclosure (if possible)
  • the person/company to which the education records were given
  • what kind of information was given

 

Submit Your Complaint

In your complaint, make sure to state the facts, but try not to send information that isn’t relevant. It could slow down the process.

You must submit your complaint with the U.S. Department of Education’s Student Privacy Policy Office (SPPO) within 180 days of the violation or the date you found out about it.

You can submit if you are a 

  • parent of a student under 18 at an elementary or secondary school
  • student who is 18 or older or attending a postsecondary school (if you’re 17 and in college, your parents can’t do it for you)

Wait

After you submit your complaint, the SPPO might launch an investigation. If it finds that the school violated your rights, it will tell you and the school. The investigation will close when the school is in compliance with the law (you won’t receive compensation).