In the United States, an education record is any record directly related to a student and maintained by a school or by a party acting for it, and a parent or an eligible student can ask to inspect it, with the school required to respond within 45 days. In Ontario, the central file is the Ontario Student Record, which students and the parents of students under 18 can access, and the principal must handle a written request to correct it. These rights apply to the document, whichever tool processes it, including an AI tool.
Key takeaways
- Under 34 CFR 99.3, education records are those directly related to a student and maintained by an institution or a party acting for it.
- An eligible student is one who has reached 18 or attends a postsecondary institution, and the parental rights then pass to the student.
- The Ontario Student Record guideline, updated August 27, 2025, lists the folder, report cards, the Ontario Student Transcript, a documentation file, and an office index card.
- Both systems give a route to challenge an inaccurate entry, so checking a record is a right, not a favor.
- General information only, not legal advice. A school board, district, or counsel can say how a rule applies to a specific record.
What counts as an education record in the United States
The Family Educational Rights and Privacy Act (FERPA) regulations define the term in 34 CFR 99.3. A record qualifies if it is directly related to a student and is maintained by an educational agency or institution or by a party acting for the agency or institution. The definition names exclusions. Notes kept in the sole possession of their maker as a personal memory aid are outside it, as are the records of a school's law enforcement unit, employee records that relate only to the person as an employee, and grades on peer-graded papers before a teacher collects and records them. Treatment records of students who are 18 or older, or who attend a postsecondary institution, are also excluded when they are made by a health professional and used only for treatment.
The same section defines an eligible student as one who has reached 18 or attends a postsecondary institution. Under 34 CFR 99.5, the rights and consent that belong to parents transfer to that student.
Asking to see a record, and asking to change it
Under 34 CFR 99.10, the institution must comply with a request to inspect within a reasonable period, and not more than 45 days after receiving it. It must answer reasonable requests for explanations of the record, and it may not destroy a record that is the subject of an outstanding request. Under 34 CFR 99.20, a parent or eligible student who believes a record is inaccurate, misleading, or violates the student's privacy rights may ask the school to amend it, and the school decides within a reasonable time. A refusal must come with notice of the right to a hearing.
The Ontario Student Record
The Ministry of Education's Ontario Student Record guideline describes the record as the record of a student's educational progress through schools in Ontario. Its components are the OSR folder, report cards, the Ontario Student Transcript where applicable, a documentation file where applicable, and an office index card that stays at the school. Students have a right of access, and parents have access until the student turns 18.
The guideline sets retention periods after the record is retired: five years for report cards and the documentation file, and 55 years for the folder, transcript, and office index card. To correct an entry, a parent or adult student writes to the principal to correct the alleged inaccuracy or remove the information. If the principal refuses, the request can go to a supervisory officer and then to a ministry-designated person whose decision is final and binding.
The two systems compared
| Question | United States (FERPA) | Ontario (OSR guideline) |
|---|---|---|
| Who holds the rights | Parents, then the eligible student at 18 or on entering postsecondary study | Student; parents until the student turns 18 |
| Response time to see the record | Not more than 45 days | No fixed number of days found in the guideline page reviewed |
| How to challenge an entry | Request to amend, then a hearing if refused | Written request to the principal, then supervisory officer, then a ministry-designated person |
| Core document | Any record meeting the education-record definition | OSR folder plus transcript, report cards, and listed files |
Where AI tools touch these documents
A school might scan transcripts, extract grades from them, or summarize a documentation file with software. The definitions above do not turn on the technology. If the copy or the summary is maintained by a party acting for the school and is directly related to the student, the FERPA definition can cover it, and the inspection and amendment rights apply to it. In Ontario, the guideline governs the record as the school keeps it. Neither source reviewed here addresses AI tools by name, so questions such as whether an automated summary is part of the record belong with the school board, district, or counsel.
A checklist before relying on a copy of a record
- Confirm which institution maintains the record and whether the student is an eligible student or a minor.
- Ask in writing, and keep the date, since time limits run from receipt.
- Compare each field, such as name, dates, courses, and grades, against the report cards the student already holds.
- If a tool produced a copy or summary, ask which version is the official record.
- Ask what the retention period is, and for the Ontario Student Record check the guideline's retention section.
FAQ
Is a teacher's private note part of the education record?
Not if it fits the sole-possession exclusion: kept only by its maker as a personal memory aid and not shown to anyone else except a temporary substitute for the maker.
Can parents see the records of a college student?
The rights belong to the student once the student is an eligible student. Section 99.5 allows some disclosure to parents without consent if a condition in 34 CFR 99.31(a) is met, and the conditions are listed there.
Does the Ontario Student Record include the transcript?
Yes, where applicable. The guideline lists the Ontario Student Transcript among the components, along with the folder, report cards, a documentation file, and the office index card.
Who has the last word on a disputed Ontario entry?
If the principal refuses a correction, the request can be referred to a supervisory officer and, if needed, to a person designated by the ministry, whose decision is described in the guideline as final and binding.
Related reading
- Impact and potential of AI in education
- Limits of AI in schools
- AI and academic writing skills
- Artificial intelligence in the learning experience
More in AI in education.
Last verified: October 2026
Sources
- 34 CFR 99.3, 99.5, 99.10, and 99.20, Family Educational Rights and Privacy Act regulations, US Department of Education, current text
- Ontario Student Record (OSR) Guideline, Ontario Ministry of Education, 2000, revised 2020, web page updated August 27, 2025