Kentucky Privacy of School Records Laws

A great deal of information is generated and stored during a student's ten-plus years in public school, including test scores, disciplinary records, and even documentation related to immunizations. Much of this information could be used for identity theft or other dubious purposes if left unsecured.

Thankfully, a combination of federal and state laws protect the privacy of educational records, although access to this information is generally restricted to the student, the student's parents or legal guardians, and school administrators. For the most part, parents have unfettered access to the educational records of minors.

The Privacy of School Records In Kentucky: An Overview

Kentucky statute requires schools to maintain the confidentiality of a student's academic records and prohibits the requirement of a student's Social Security number for identification purposes (with some exceptions). Besides the student, the student's parent(s), and authorized school personnel, academic records may be made available to the following parties under certain circumstances, including:

  • Federal or state agencies (for determining eligibility for military service)
  • Federal, state, or local law enforcement agencies, courts, or the Dept. of Juvenile Justice
  • Any grantor of scholarships or loans, upon request
Code Section 164.283; KY Rules of Evid. R. 506
Who Has Access to School Records? Parents of any student under age 21. Counselor-student communications are privileged. All student academic records are confidential with exemptions cited in 164.283 (3)-(10).
Penalty for Violation of School Record Privacy Laws -

Note: State laws are not written in stone and may change through the passage of new legislation, opinions of appellate courts, ballot initiatives, and other means. You may want to contact a Kentucky education attorney or conduct your own legal research to verify the state law(s) you are researching.

Federal Protection of School Records

The federal Family Educational Records Protection Act (FERPA) protects the privacy of educational records, regardless of state law. FERPA prohibits schools from disclosing educational records -- particularly that which has any personally identifiable student information -- without the parent's written permission. under the law, "educational records" are any files, documents, health records, or other materials pertaining to a student and maintained by the school. FERPA also protects the privacy of student information related to the Individuals with Disabilities Education Act (IDEA).

FERPA privacy protections transfer from the parent to the student once the student turns 18.

Research the Law

Kentucky School Records Privacy Laws: Related Resources

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