Who is considered an 'eligible student' under FERPA?

An 'eligible student' under FERPA (Family Educational Rights and Privacy Act) refers specifically to a student who is 18 years of age or older or who attends a post-secondary institution. This definition is important because it signifies that once students reach this age or enroll in higher education, they gain certain rights regarding their educational records, which includes the ability to access their records and control the disclosure of personally identifiable information.

In this context, while a student who is 16 years old is still considered a minor and does not have the same rights under FERPA, students who are enrolled in high school remain under the control of their parents or guardians until they reach the age of 18. Additionally, a student who has graduated, while no longer classified as a student, may still have rights pertaining to their educational records from their time as an eligible student but does not fit the definition itself. Therefore, a student attending a post-secondary institution aligns perfectly with the FERPA definition of an eligible student.