Record confidentiality in homeschooling refers to who can access your child's educational records, how they're stored, and when they can be shared. As a homeschool parent, you control these records, but you also carry the responsibility for their protection and disclosure.
Research from the National Home Education Research Institute (NHERI) shows that homeschooled students typically score 15 to 25 percentile points higher than public school students on standardized academic achievement tests. As of 2024, 12 states have enacted universal or near-universal Education Savings Account (ESA) programs, with Arizona's program alone serving over 75,000 students — making state-funded homeschooling more accessible than ever (EdChoice, 2024).
What is record confidentiality?
Record confidentiality is about who can see your child's educational records, how to keep them safe, and when you need to share them. Unlike public schools, independent homeschools aren’t covered by the Family Educational Rights and Privacy Act (FERPA) because they don't get federal funding. This gives you more control, but also more responsibility. You’re the teacher and the record keeper—deciding what to keep, how to protect it, and when to share it.
When FERPA applies
FERPA usually doesn't cover independent homeschools, but there are exceptions. If your child joins a virtual public school or a charter program that gets federal money, then FERPA applies. When you send records to a public school, they’re protected there. If your child goes to college, FERPA protects their records at that school too. Also, certain umbrella schools or public-private programs might have FERPA rules based on their funding.
Who can access your records
As a homeschool parent, you have total control over the records you keep. Your child can access their own records, and when they turn 18, those rights officially transfer. In some states, local education officials may see records if required for compliance. Courts can also order you to share records. Child welfare agencies may access them if there's a concern about neglect, but this varies by state. You can also share records with colleges or future schools when needed.
Protecting your records
Store physical records in a locked place. For digital files, use password protection and back them up separately. Keep records for at least 2 to 5 years, but make sure high school transcripts and diplomas are permanent. When using online tools, check their privacy policies so you know what data they collect about your child. The U.S. Department of Education has resources to help you protect student data.
When you must share
You'll typically need to share transcripts, course descriptions, and test scores for college applications. If your child goes back to public school, you’ll need to provide records for placement. Legal orders might require you to disclose information too. Programs like ESA and education savings accounts often ask for documentation of expenses and progress, which means less privacy compared to completely independent homeschooling. Knowing what’s required helps you keep the right records.
The bottom line
Record confidentiality in homeschooling gives you control, but it’s a big responsibility. You’re not bound by the rules that public schools follow, but you must keep and protect your child's records. Make sure to document everything, since these records can be important later for college, jobs, or school changes. Treat your records carefully, just like any school would, while enjoying the privacy that comes with homeschooling.
