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Georgia Privacy of School Records Laws

A student's school records are considered confidential in most situations. In many states, parents and students have access to records and third parties need permission to view student information. Some have argued, however, that unlimited parental access could undermine the student evaluation process. In Georgia, privacy of school records laws allow both parents to access their child's school records. This includes a noncustodial parent (parent with whom the child does not live a majority of the time), unless this right has been removed through court order.

The article below summarizes Georgia’s privacy of school records laws. For more information, check out Details on State Privacy of School Records and the links following this article.

Code Section

 

 

Georgia Code section 20-2-720 contains the state’s privacy of school records law. In addition to Georgia law, there is a federal law known as the Family Educational Rights and Privacy Act (FERPA). The federal law applies to all institutions that receive funding from the Department of Education.

Who Has Access to School Records?

 

Both parents of a child have the right to review and inspect their child’s school records. A noncustodial parent cannot be denied access unless a court order removed that right or terminated parental rights).

What are Education Records? Education records include attendance reports and other records. Parents have access only to information about their child. If a student’s records contain information about another child, only the other child’s parents may review that information. 
What Educational Institutions are Covered by Georgia Code section 20-2-720? Georgia Code section 20-2-720 applies to all school systems, whether county, independent, or area. The student must attend the institution or have been enrolled at the school.
What is the Penalty for Violating Georgia Code section 20-2-720? Unlike other states, Georgia’s privacy of school records law does not specify a punishment for violating the statute. In other states, the parents may file a lawsuit against the school and ask for an injunction. An injunction is a court order requiring the defendant to perform a certain action or preventing the defendant from continuing a particular behavior. Depending on the state, attorneys fees and costs may be awarded to the parents if the judge grants an injunction.

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If you are a parent with a child in the Georgia school system and you have a question about your legal rights, you may consider speaking with an experienced Georgia attorney

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