FERPA, the Family Educational Rights and Privacy Act, is a federal privacy law enacted in the United States to safeguard the privacy and confidentiality of students’ personal information. It grants specific rights to parents concerning their children’s educational records.

The scope of FERPA covers all school districts that receive funding from the U.S. Department of Education. This means that the majority of public schools, including administrators, teachers, staff, and support personnel, are required to comply with the law. Non-compliance with FERPA’s privacy requirements puts a school district at risk of losing its federal funding.

Education records, as defined by FERPA, encompass any records directly related to a student that are maintained or stored by the school district or an authorized representative. These records are typically created or used in the regular course of school operations. Examples of education records include attendance records, report cards, class photos, disciplinary referrals, and documentation pertaining to a student’s special education services, such as Individualized Education Programs (IEPs), behavioral intervention plans, and evaluation reports.

The primary objective of FERPA is to restrict the disclosure and dissemination of education records, thereby preventing unauthorized individuals from accessing students’ personally identifiable information (PII) contained within those records. Personally identifiable information refers to information that can be connected or linkable to a specific student. It encompasses various data points, such as the student’s name, address, social security number, disability status, medical information, handwriting, fingerprints, voiceprints, and other identifiable characteristics.

FERPA establishes a general requirement for school districts to obtain prior written consent from a student’s parent or guardian before sharing any PII contained in the student’s education records with a third party. This provision is known as the “parental consent rule” or “nondisclosure rule.” For disclosure to occur, the parent must provide the school district with signed and dated written consent, which identifies the specific records that may be shared, explains the reason for disclosure, and identifies the individuals or organizations authorized to receive the student’s PII.

In situations where a parent refuses to provide written consent, the school staff is generally prohibited from disclosing the student’s PII to anyone other than the student and their parents. This means that the contents of the education record cannot be discussed or transmitted to individuals or entities outside of this circle without proper authorization.

However, FERPA does provide exceptions to the consent rule to ensure that it does not unduly impede school operations or classroom activities. For example, educators may access a student’s education records without parental consent if they need the records to perform their job duties effectively. This provision allows teachers and relevant school staff to access necessary information about students to support their educational needs.

Another exception under FERPA permits the transfer of a student’s education records to another school district or educational institution if the student plans to enroll in that new school system. This provision facilitates the seamless transition of education records and ensures that the receiving institution has access to the necessary information to support the student’s educational progress.

It is important to recognize that in addition to FERPA, individual states may have their own student privacy laws and requirements. These state-level laws may complement or supplement FERPA, so it is advisable to consult with a school attorney familiar with both federal and state regulations if there are any questions or concerns regarding accessing or disclosing a student’s education records without parental consent. By seeking appropriate legal guidance, schools can navigate the complexities of student privacy laws and ensure compliance with the relevant regulations.

Understand FERPA Requirements:

To effectively comply with FERPA, it is essential to have a thorough understanding of its requirements. Familiarize yourself with the law’s provisions, definitions, and guidelines. Take the time to study official resources provided by the U.S. Department of Education, such as the FERPA regulations and guidance documents. Stay up to date with any updates or revisions to ensure accurate interpretation and implementation.

• Establish Privacy Policies and Procedures:

Develop comprehensive privacy policies and procedures tailored to your school or district’s specific needs and operations. These policies should clearly outline how education records will be collected, stored, accessed, and shared. Include details on data security measures, consent requirements, and protocols for handling and responding to privacy-related requests. Regularly review and update these policies to reflect changes in technology, best practices, or legal requirements.

• Provide Training:

Implement regular training sessions and professional development opportunities for all staff members who handle student information. Ensure that educators, administrators, and support staff understand their responsibilities under FERPA and the importance of safeguarding student privacy. Train them on topics such as data security, proper handling of education records, obtaining consent, responding to privacy requests, and recognizing and reporting potential privacy breaches.

• Obtain Consent:

Obtaining written consent from parents or guardians before disclosing a student’s personally identifiable information (PII) is an essential aspect of FERPA compliance. Develop a clear process for obtaining and documenting consent, ensuring that it meets FERPA’s requirements. Provide parents with comprehensive consent forms that clearly outline the purpose of the disclosure, the specific information to be shared, and the entities or individuals who will receive the information. Maintain a record of obtained consents for auditing and accountability purposes.

• Secure Data:

Implement robust data security measures to protect education records and PII from unauthorized access, use, or disclosure. This includes employing physical security measures for paper records, using secure digital storage systems, employing encryption and firewalls, implementing access controls and authentication mechanisms, and regularly monitoring and auditing data access and use. Train staff on data security best practices, such as creating strong passwords, recognizing phishing attempts, and securely handling and transmitting sensitive information.

• Limit Access:

Restrict access to education records and PII to authorized personnel with a legitimate educational interest. Implement role-based access controls and regularly review and update user permissions based on staff roles and responsibilities. Conduct regular audits to ensure that only authorized individuals have access to sensitive student information. Train staff on their responsibilities regarding data access and the importance of maintaining confidentiality.

• Data Sharing Agreements:

When sharing student information with external entities, establish formal data sharing agreements. These agreements should clearly define the purpose of the disclosure, specify the limited and specific information being shared, outline data protection measures, and address data retention and deletion. Ensure that the agreements comply with FERPA’s requirements and consult legal counsel to ensure their validity and adequacy.

• Maintain Data Accuracy:

Regularly review and update education records to ensure their accuracy, completeness, and relevance. Develop processes for promptly correcting or updating records upon notification of errors or changes. Provide parents with opportunities to review their child’s records and request corrections or amendments. Establish clear procedures for verifying the identity of individuals making requests to maintain data integrity and prevent unauthorized access.

• Respond to Parental Requests:

Establish clear procedures for handling parental requests for access to education records or requests for corrections or amendments. Designate specific staff members responsible for managing and processing such requests promptly. Ensure that these staff members understand the process, communicate effectively with parents, and comply with FERPA’s requirements regarding response times and documentation.

• Stay Informed:

Stay up to date with FERPA regulations, guidance, and any related state or local privacy laws that may impact your school or district. Regularly review resources provided by the U.S. Department of Education and subscribe to relevant publications or newsletters to stay informed about best practices and emerging trends in student privacy. Engage with legal experts or privacy professionals to seek guidance and ensure ongoing compliance with evolving privacy requirements.

By implementing and expanding upon these tips, schools and districts can establish a strong foundation for protecting student privacy, ensure compliance with FERPA, and maintain the trust and confidence of students, parents, and the broader community.