Parents of already or soon to be 18 Year Old Dependent Students

Parents Forum
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<p>When your son or daughter turn 18 years of age they begin having privacy protection rights under The Family Educational Rights and Privacy Act of 1974 (FERPA).</p>

<p>Parents & Gaurdians "Party" or intity status changes to "THIRD PARTY" and when your son or daughter turns 18 their "Party" status changes to "PRINCIPLE PARTY".</p>

<p>Regardless of how connected parents still are to the interrest of their son or daughter, because of FERPA they must be an approved Third Party by the Principle Party to simply call to inquire or make any changes to records.</p>

<p>What! They drive your car!, and eat your food! and live in your house!, You payed for the shirt on their back! Everybody knows you roll out the red carpet for your children.</p>

<p>Grant agencies such as the California Student Aid Commission simply require a 3rd Party Release form on file to allow individuals NAMED on this form to inquire and speak on their behalf. It can be faxed.</p>

<p>The Commissions form applys to all the programs they offer.</p>

<p>CSAC Third Party Release Form.
<a href="http://www.csac.ca.gov/pubs/forms/grnt_frm/G-25Rev71708.pdf%5B/url%5D"&gt;http://www.csac.ca.gov/pubs/forms/grnt_frm/G-25Rev71708.pdf&lt;/a&gt;&lt;/p>

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<p>I hear you...same with medical test results ( even though they are on your healh plan and are dependant ) Luckily I have access to her FERPA , but she forgo to tell our dermatologist's office that is was okay to reveal that the mole removed was benign
Same office that refused to even look at same mole in my absence only one month prior when she left from school to her appt....</p>

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<p>Our S had no objection to our seeing all school related stuff, but not medical. He felt since we were giving him the gift of education it was ok for us to see his grades and such. We felt the same way.</p>

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<p>Our kids had no objection to signing the papers allowing us access to their college accounts. Bottom line...if they wanted us to pay the bill...they also had to do this. We also reminded them that if WE were not allowed to talk to the college on their behalf, this would include any financial issues (including bill payment mistakes, etc). They heard the wisdom in this and signed on the dotted line. </p>

<p>There was nothing for them to hide.</p>

5

<p>Both of my college students have signed the FERPA without hesitation. I am ready to take on the HIPPA bull s*** myself! I am currently trying to gather info from pharmacy and a dermatologist on $ spent there this year and they won't release it to me...only to the kids...in person...with a drivers license. Not convenient!! Not sensible!!!! Seriously folks, who has the HIPPA helped. I shudder to think of the cost of implementation of this act and I think it is ridiculous overkill.</p>

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<p>I have posted on other threads on this topic. Most schools are not interpreting it correctly. As long as your child is claimed as a dependent on your tax return you could have access to his school record. It is my lawyer sister's opinion, and you could also find the information on the internet. It is probably easier for your child to sign the form instead of challenging the school. My daughter never signed the form for her school, but every time I have called her school concerning living arrangement(room change), called her professor, or even the President over THEIR student privacy issue over the internet, they have all spoken to me.</p>

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<p>I don't know if this is true, but I have heard that if your child is hospitalized while away at college, you won't be contacted due to HIPPA. Anyone know if that is correct?</p>

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<p>Timely, I'll get the link again. If your child is hurt or has committed any crime, they have the right to contact you.</p>

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<p>Right, I know they can contact you, but I was thinking of if they were unconscious or something....unable to contact you. Would the hospital (or the university, if they were aware of it) contact the parents?</p>

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<p>When may a school disclose information to parents of dependent students?</p>

<p>Under FERPA, schools may release any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules.
Can a school disclose information to parents in a health or safety emergency?</p>

<p>The Department interprets FERPA to permit schools to disclose information from education records to parents if a health or safety emergency involves their son or daughter.
Can parents be informed about students' violation of alcohol and controlled substance rules?</p>

<p>Another provision in FERPA permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
Can a school disclose law enforcement unit records to parents and the public?</p>

<p>Additionally, under FERPA, schools may disclose information from "law enforcement unit records" to anyone - including parents or federal, State, or local law enforcement authorities - without the consent of the eligible student. Many colleges and universities have their own campus security units. Records created and maintained by these units for law enforcement purposes are exempt from the privacy restrictions of FERPA and can be shared with anyone.
Can school officials share their observations of students with parents?</p>

<p>Nothing in FERPA prohibits a school official from sharing with parents information that is based on that official's personal knowledge or observation and that is not based on information contained in an education record. Therefore, FERPA would not prohibit a teacher or other school official from letting a parent know of their concern about their son or daughter that is based on their personal knowledge or observation.</p>

<p>This is from ed.gov, FPCO</a> Frequently Asked Questions</p>

<ol>
<li>If I am a parent of a college student, do I have the right to see my child's education records, especially if I pay the bill?</li>
</ol>

<p>As noted above, the rights under FERPA transfer from the parents to the student, once the student turns 18 years old or enters a postsecondary institution at any age. However, although the rights under FERPA have now transferred to the student, a school may disclose information from an "eligible student's" education records to the parents of the student, without the student's consent, if the student is a dependent for tax purposes. Neither the age of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision. (34 CFR § 99.31(a)(8).)</p>

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<p>oldfort,</p>

<p>Most schools aren't misguided on their FERPA understanding. Instead, they are chosing to error on the side of caution. The student may have been a dependent on prior year form but won't be this year. Student may not have knowledge that s/he was used as a dependent on parent tax return. Is the school 100% certain that the tax return presented is legitimate? Are we sure the person calling to obtain the information is actually the parent? With a signed FERPA form on file, there would be a code word that the parent would present so the school can be 100% certain they are releasing the information to the parent and not a stranger intent on stealing the student's identity. With so many people so ready to sue, schools are just trying to protect themselves. It only takes a few moments to complete a FERPA form.</p>

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<p>timely-
You are right about the hospital not notifying parents if their child is treated at an ED or likely even as an inpatient. I work in the ED at a major university hospital and literally every weekend see campus kids from 18 to 21+ years of age who come in for alcohol/drug related reasons (overdose, etoh coma, sexual assault). We do not call parents unless the situation is grim. Some kids beg us not to call the folks but we usually encourage them to do it themselves BEFORE THE BILL COMES IN THE MAIL.</p>

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<p>The hospitals and doctors do not disclose any medical information about college kids, but have not trouble sending the parents the bill</p>

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<p>There were earlier threads on having a medical power of attorney drawn up for college students. A search should provide some insights there.</p>

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<p>Before S2 went away to school, we had a signed medical power of attorney drawn up and notarized. A copy was sent to the school health service, he has a copy and I have a copy. I have all his account numbers & passwords for school business--grades, account status, etc. As is often the case, we are paying the bills.</p>

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<p>We were so glad that my daughter signed this before she went to school, because when she first got sick she was in no position to make good medical decisions and things declined for a while with each hospitalization.</p>

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<p>Zooser...what did your daughter sign? We asked at our kids' schools if there was any kind of HIPPA thing we could get signed and the answer in both cases was a resounding NO...nothing that could be done in advance. When treated, they are presented with the privacy forms.</p>

<p>FERPA is different...that can be signed at the beginning of school for records access. </p>

<p>DS's school took the position stated by Oldfort. They stated at orientation that unless the kid signed something saying the family could NOT have access...they provided access. In fact, that school even sent the grades each semester "to the parents of___". Oddly, the bill still got mailed to my kid!</p>

<p>DD's school interprets the privacy regs the opposite way. Kids need to sign, and they can give full or limited access. We told our kid that we would solve all billing issues IF we had full access. Otherwise, she could deal with it. She didn't want to deal with the bills...we have full access.</p>

<p>When I had to discuss a bill with the health service, I had permission to discuss the BILL...but had to get DD to go sign a HIPPA release so I could make sure it was about the right treatment.</p>

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<p>School is well covered by having students sign the release form. But if necessary parents could get the information without student's consent. HIPAA is different.</p>

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<p>
[quote]
Zooser...what did your daughter sign?

[/quote]

The school sent us a release form to contact us in the event of an emergency and we had a medical power of attorney executed before she left. I am more grateful than I can tell you that we did.</p>

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<p>Thank you for clarifying. A medical power of attorney is VERY different than a HIPAA release...which must be done at each event.</p>