Overview
The Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student education records. Enforced by the U.S. Department of Education, FERPA regulates access to student records and gives parents and students control over their personal educational information.
FERPA ensures that schools, colleges, and educational institutions properly handle and safeguard student data, preventing unauthorized disclosure of grades, disciplinary records, financial aid details, and personal information.
Who Must Comply?
FERPA applies to:
✔ Public and private K-12 schools that receive federal funding
✔ Colleges and universities that receive federal financial aid
✔ Educational agencies and school districts
✔ Third-party service providers handling student records (e.g., EdTech companies, testing agencies)
Non-compliance risks losing federal funding, making FERPA a crucial law for educational institutions.
Key Requirements Under FERPA
✔ Right to Access Student Records – Parents (or students over 18) can review their education records.
✔ Right to Request Record Corrections – Parents or students may request corrections for inaccurate or misleading information.
✔ Schools Must Obtain Written Consent Before Sharing Student Data – Schools cannot disclose records without parental or student consent, except in certain cases (e.g., legal subpoenas, health emergencies).
✔ Protection of Personally Identifiable Information (PII) – Schools must secure data like social security numbers, addresses, and grades.
✔ Directory Information Exemptions – Schools may disclose basic “directory information” (e.g., name, email, honors) unless parents opt out.
Real-World Enforcement Cases
FERPA enforcement is managed by the U.S. Department of Education’s Family Policy Compliance Office (FPCO). While the law does not allow private lawsuits, institutions can face penalties and loss of federal funding for violations.
📌 Chicago Public Schools – Data Breach (2019)
- A major data breach exposed student records, leading to investigations into how the school managed data access and security protocols.
📌 University of North Carolina – FERPA Violation (2018)
- The school refused to release records of student-athlete misconduct, violating transparency rules. The case led to a clarification of FERPA’s limits on non-educational records.
📌 Ohio State University – $100K Settlement (2012)
- The university failed to protect student-athlete records from public exposure, resulting in a Department of Education inquiry and policy changes.
Compliance Best Practices
To comply with FERPA, educational institutions should:
✔ Restrict Access to Student Records – Only allow authorized personnel to access student data.
✔ Obtain Written Consent for Data Sharing – Schools must have parental or student consent before disclosing records.
✔ Secure Student Data – Use encryption, secure storage, and access logs to protect educational records.
✔ Train Staff on FERPA Rules – Ensure teachers, administrators, and IT teams understand student privacy laws.
✔ Implement Data Retention & Deletion Policies – Schools must have clear policies on how long student data is retained and when it is deleted.
✔ Allow Opt-Outs for Directory Information – Schools should provide opt-out options for parents and students who do not want their directory data shared.
Future of FERPA Regulation
With growing concerns about EdTech and student data tracking, lawmakers are considering FERPA updates to address:
📌 AI and predictive analytics in education
📌 Third-party data sharing with EdTech platforms
📌 Increased penalties for unauthorized student data use
The Department of Education is also expanding enforcement to ensure schools adopt better cybersecurity protections for digital student records.
