FERPA Waiver and Other Legal Documents College Students Shouldn’t Leave Home Without

FERPA and FERPA waivers
Understanding FERPA waivers and other legal documents your college student shouldn't leave home without signing.

FERPA Waiver and Other Legal Documents College Students Shouldn’t Leave Home Without

Published September 21, 2019 | Last Updated May 27th, 2023 at 02:31 am

Understanding FERPA waivers and other legal documents your college student shouldn't leave home without signing.
FERPA and FERPA waivers

You’ve put down the enrollment deposit, completed the housing application, set up the necessary college bank account, and updated your child’s medical records.

With all the paperwork now out of the way, you can finally breathe, right?

Surprisingly, you couldn’t be more wrong…

Perhaps more important than anything else on the college readiness checklist is the completion of the following three (arguably four) legal documents. However, once you’ve drafted the papers, dotted your (and your child’s) i’s and crossed all the t’s, you’ll then truly be ready to rock and roll!

HIPAA Authorization For College Students

We never stop worrying about our children’s health—be they five or fifty.  However, once our children turn eighteen, we as parents no longer have the right to receive their medical information – regardless if they are covered under our health insurance and even if we happen to be footing the bill!

It is pertinent that all adult children (not just college students) complete the HIPAA authorization form. Named for the Health Insurance Portability and Accountability Act (HIPAA), this form authorizes medical care providers to release and share the student’s general medical information (such as diagnoses, medications, and test results) to the parents (or other designated individuals). Without it, health providers are legally prohibited from sharing this information.

Where to find the form? Check to see if the school has the HIPAA authorization forms online. If your student will attend college out of state, fill out the forms relevant to your home state and the school’s state to avoid any disputes; if the school form has a form, sign that one too for good measure. If your health insurance covers your students, check in with the insurance company to see what other, if any, processes need to be covered—in state, out-of-state, and even abroad.

Health-care Proxy or Medical Power of Attorney and a Living Will

A medical power of attorney, also known as a health-care proxy, gives parents permission to make medical decisions if their student is physically unable to do so.

Although it is extremely uncomfortable and unsettling to discuss such situations with your child beforehand, don’t find out too late that your student has been admitted to a hospital and you’re not authorized to discuss treatment plans or make emergent decisions regarding care.

On the same token, it’s recommended that adult children also have a living will, aka an advance care directive, which outlines a person’s wishes about life-extending medical treatment, as well as other intentions, such as organ donations. This document takes effect when the doctor declares that the patient lacks the capacity to make their own health care decisions.

While a lawyer may assist with these documents, they are not required to do so. Most states only require that an adult (typically 18) be competent when the document is created.

Additionally, if the student is attending college out of state, a health-care proxy may be needed for both the home state and the state where the child attends college. Free forms by state for both the health-care proxy and durable power of attorney (see below) can be found online.

Durable General Power of Attorney For College Students

Once your child turns eighteen, their finances also become private.  A durable power of attorney allows the parent access, in the event their child becomes incapacitated, to their bank accounts or credit cards.

Absent a crisis, a power of attorney grants parents the authority to sign documents for their child, (which is particularly helpful if students go abroad), as well as renew the child’s car registration or file a tax return on their behalf.

Similar to the health-care proxy, lawyers are not needed to draft a durable power of attorney, but a legal professional can simplify an often daunting process. 

power of attorney for college students
Will you be able to help your college student in an emergency? Get a Young Adult Power of Attorney with Mama Bear Legal Forms.

 

FERPA Waiver For College Students

As a parent or college student, you may have heard about FERPA and FERPA waivers, but do you really understand what they are and how they work? Of the four documents discussed, FERPA is one that is more of a personal preference rather than a necessity.

What is FERPA?

FERPA stands for the Family Educational Rights and Privacy Act of 1974, a federal law that protects the privacy of student education records. Under FERPA, schools must obtain written consent from students (or their parents, if the student is under 18) before disclosing any personally identifiable information from their education records. This includes grades, transcripts, disciplinary records, financial information, and other sensitive information.

Why is FERPA important?

FERPA is important because it helps protect the privacy of students and their families. Without FERPA, schools could freely share sensitive information about students without their consent, which could be damaging to their academic and personal lives. FERPA also gives students and their families the right to access and review their education records, which can be important for ensuring the accuracy of information and resolving disputes.

Once a student turns eighteen, or attends school beyond secondary school, the rights of access to all the student’s records—including GPA, academic transcript, academic warning, academic probation, or discipline records—transfer to the student. Without specific, written permission from the student, parents are not privy to the information. 

This privacy is extended as well for financial information at any postsecondary institutions that receive funding from the federal government.

Records created and maintained by the financial aid office are considered to be education records and may not be disclosed without the student’s consent. This includes (minimally): eligibility and disbursement of federal student aid funds, financial aid applications, federal work-study payroll records, your student’s account, and financial aid history information.

What is a FERPA waiver?

A FERPA waiver is a document that allows schools to disclose personally identifiable information from a student’s education records to a third party, such as a parent or employer, without the student’s consent. By signing a FERPA waiver, a student is essentially giving up their right to privacy under FERPA and allowing the school to share their education records with designated individuals.

It is important to note if a parent can prove that the student is a “dependent” on the parent’s most recent year’s income tax statement, the school may non-consensually disclose the eligible student’s records to the parents.

What Should Parents and College Students Consider Before Signing a FERPA Waiver?

All in all, the sharing of student academic and financial information with parents is a family issue and rather, provides an opportunity for families to communicate with one another about expectations and the student’s responsibilities. If your student does sign FERPA waivers, parents will still need to request the information as they will not automatically be sent to them.

Once all the forms are prepared and signed, scan and save them so that they are readily available online and on a mobile device, or to be printed out on a home computer.

Most importantly, families should share an open dialogue about privacy and agree what scenarios these documents would be used. As with many aspects of the future college experience, increased communication ensures a smoother experience for everyone.

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