Privacy & Data Rights

School Shares Student Records with Employer

Educational records are protected and cannot be released without consent except in narrow circumstances

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What They Said

“We can share whatever records we want. It's not your business what we do with them.”
Student records contain far more than grades. Transcripts, disciplinary records, mental health counseling notes, special education evaluations, financial aid information, family background data, and attendance records together paint an intimate portrait of a young person's development, struggles, and circumstances. When educational institutions share this information with employers, the consequences can follow a student for years — shaping hiring decisions, promotions, and professional reputation based on information that was gathered in an educational context and was never meant to serve as an employment vetting tool. FERPA — the Family Educational Rights and Privacy Act — was enacted in 1974 specifically to give students and parents control over educational records. It requires schools that receive federal funding (virtually all public and most private colleges and universities) to obtain written consent before disclosing education records to third parties. Employers, background check companies, and other non-educational entities cannot receive student records without either student consent or a specific statutory exception. The administrator's statement that it is 'not your business' what the school does with your records reflects a fundamental misunderstanding — or deliberate disregard — of FERPA's central premise: the records belong, in a meaningful legal sense, to the student (or parent, for minors), not to the institution. Students have the right to inspect their own records, request corrections, and consent to or withhold consent for most disclosures. Note: State law may provide additional protections beyond the federal baseline described here — many states have enacted their own student privacy laws that exceed FERPA's requirements.

Institutional Ownership of Personal Data

The administrator is asserting an Institutional Ownership fallacy — the idea that because the school holds the records, it owns them and may do with them as it pleases. This confuses custody with ownership. The school maintains educational records as a custodian — it has legitimate operational reasons to hold this information, but that custody does not translate into the right to disclose that information to third parties at will. FERPA was enacted precisely to reject this institutional ownership model. Congress determined that students and parents have a cognizable interest in the accuracy and controlled disclosure of educational records, and that interest — not institutional administrative discretion — governs who may access them. A school is a data steward, not a data owner, and its stewardship obligations include obtaining consent before disclosures that FERPA does not specifically permit. The dismissive 'it's not your business' framing also underscores the power dynamic that FERPA was designed to correct: students and parents who challenge institutional data practices are often told to accept the institution's judgment. FERPA specifically empowers students and parents to be informed, to inspect records, to request corrections, and to file complaints — making it very much their business what the institution does with information about them.

Your Legal Foundation

Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g
“No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of permitting the release of education records (or personally identifiable information contained therein other than directory information, as defined in paragraph (5) of subsection (a)) of students without the written consent of their parents to any individual, agency, or organization, other than to the following: [listed exceptions including school officials with legitimate educational interest, transferring schools, financial aid purposes, etc.]”
Employers seeking employment-related information about a student are not listed among the exceptions to FERPA's consent requirement. A school may not release transcripts, disciplinary records, or other education records to an employer — even a former student's employer — without the student's written consent. The student's written authorization is required and cannot be replaced by the school's administrative judgment about whether the disclosure serves a good purpose.
Family Educational Rights and Privacy Act (FERPA), 34 C.F.R. Part 99 (implementing regulations)
“Education records are records, files, documents, and other materials that — (1) Contain information directly related to a student; and (2) Are maintained by an educational agency or institution or by a person acting for or on behalf of the agency or institution.”
This definition is broad — covering not just transcripts but disciplinary files, counseling records maintained by the school, special education evaluations, and other records containing student information. All of these are protected under FERPA and may not be disclosed to employers, background check companies, or other non-educational third parties without student consent or a specific statutory exception.

God's Word on This

Luke 12:2-3 (NIV)
“There is nothing concealed that will not be disclosed, or hidden that will not be made known. What you have said in the dark will be heard in the daylight, and what you have whispered in the ear in the inner rooms will be proclaimed from the roofs.”
Jesus spoke these words as a warning against hypocrisy, but they also reflect the principle that information shared in one context — the private setting of a counseling session, a classroom, a disciplinary meeting — carries an expectation that it will not be broadcast to the world. FERPA protects the confidentiality of what students share in the educational context and ensures it stays there. Institutions that violate this expectation expose young people's most private moments to scrutiny they never consented to.
Jeremiah 29:11 (NIV)
“For I know the plans I have for you, declares the LORD, plans to prosper you and not to harm you, plans to give you hope and a future.”
God's plan for students includes a future that is not permanently defined by their worst moments, their struggles, or their background as recorded in institutional files. FERPA reflects this same conviction: educational records gathered during a formative period of development should not become a permanent, uncontrolled dossier that follows a student into every future opportunity. Students have the right to a future not arbitrarily foreclosed by unauthorized disclosures of their educational past.
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Common Counter-Arguments

After you respond, they may push back with these arguments. Members get the full rebuttal for each.

They might say: “You're over 18 — FERPA rights belong to you, not your parents, so the school sent you a consent form last year that you never responded to. Your silence was consent.”
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They might say: “We only shared directory information — name, enrollment dates, and degree — that's public information.”
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