Kansas FERPA Release: How Parents Access School Records After a Student Turns 18

What Changes at 18

Under the Family Educational Rights and Privacy Act (FERPA), education records belong to the student once they turn 18 or enroll in postsecondary education — whichever comes first. In Kansas, where 18 is the age of majority, this transfer happens on the birthday.

After that date, schools cannot share grades, IEP documents, evaluation reports, behavioral records, attendance data, or any other education record with a parent based on the parent's former status alone. For ordinary access to these records, the parent needs the student's written consent, an educational delegation, or a court order. The school doesn't have a choice — FERPA is federal law, and violations can cost the school its federal funding.

This catches many Kansas families off guard, especially those who have been deeply involved in managing their child's special education services. One day you're reviewing IEP progress reports and attending team meetings; the next, the school legally cannot tell you anything.

How a FERPA Release Works

A FERPA release is a written consent form signed by the student that authorizes the school to share specific education records with named individuals. It is not a permanent transfer of control — the student retains all FERPA rights and can revoke the consent at any time.

The release typically specifies:

• Who can receive the records — parent names, advocates, or other designated individuals
• What records are covered — IEP documents, evaluations, grades, attendance, behavioral records, or all education records
• Duration — some forms set an expiration date; others remain in effect until revoked

Most Kansas school districts have their own FERPA consent forms. Ask the registrar's office or special education coordinator for a copy. If the school doesn't have a standard form, a written statement signed and dated by the student that names the authorized recipients, describes the records covered, and states the purpose of the disclosure will satisfy the federal requirement.

Filing It Before the Birthday

The smart move is to execute the FERPA release before the student turns 18, effective on the birthday. This eliminates the gap between the transfer of rights and the parent regaining access.

Work with the IEP team or the school's transition coordinator to include this in the pre-18 transition planning. Some schools build the FERPA consent into the transfer-of-rights notification that Kansas regulations require at least one year before the birthday.

Postsecondary Education

If the student will attend a community college, vocational training program, or university after high school, a separate FERPA release is needed for each new institution. The high school release doesn't carry over.

Contact the postsecondary institution's disability services office during the admissions or enrollment process. They handle FERPA authorizations routinely and will have their own consent forms. Setting this up during orientation prevents delays when you need to communicate with instructors or access accommodation records later.

FERPA vs. HIPAA

Parents often confuse these two laws because both control access to personal records after 18:

• FERPA governs education records — held by schools, districts, and postsecondary institutions
• HIPAA governs health records — held by doctors, hospitals, pharmacies, and health plans

Signing a FERPA release does not give you access to medical records. If your child sees a school-based health clinic, those clinical records may fall under HIPAA rather than FERPA depending on how the clinic is structured. Signing separate HIPAA authorizations with each healthcare provider is a parallel step.

When the Student Can't Sign

FERPA consent requires the student's signature and understanding. If the student's disability prevents them from comprehending what they're signing:

• A Supported Decision-Making Agreement under Kansas SB 84 can include education as a support area, and the supporter can use the agreement's consent provisions to facilitate record access
• An educational representative designation delegates IEP decision-making rights (and implicitly includes record access for the representative to exercise those rights)
• A court-appointed guardian with educational decision-making authority automatically has FERPA access as the student's legal representative

For most students with disabilities, even those with significant cognitive impairments, a plain-language explanation of "I'm signing this so Mom and Dad can still see my school papers" is sufficient for a valid FERPA consent.

The Kansas Adult Guardianship & Alternatives Guide covers the full turning-18 document checklist — FERPA release, HIPAA authorization, educational representative designation, and the complete alternatives-first framework for families navigating the transition.

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