FERPA (Family Educational Rights and Privacy Act)
FERPA protects the privacy of student education records. Educational institutions must obtain written permission from parents or eligible students before disclosing any information from a student's education record.
| Jurisdiction | United States |
|---|---|
| Category | Education |
| Status | Active |
| Latest development |
Analysis
FERPA (Family Educational Rights and Privacy Act) Compliance Analysis
1. Key Requirements
FERPA protects the privacy of student education records by affording parents and eligible students specific rights regarding their children's or own educational records. The key requirements include:
- Right to Access Records: Parents and eligible students have the right to inspect and review their child's or own education records. This includes the right to request a copy of the records. FERPA Key Requirements
- Right to Request Amendments: Parents and eligible students can request that the educational institution correct any inaccuracies in the records. FERPA Key Requirements
- Right to Control Disclosure: Educational institutions must obtain written consent from parents or eligible students before disclosing any information from a student's education record. Exceptions include disclosures made to school officials with a legitimate educational interest, disclosures required by law, and disclosures necessary for the student's health and safety. FERPA Key Requirements
- Annual Notification: Educational institutions must annually notify parents and eligible students of their rights under FERPA. This notification must inform them of their right to inspect and review their records, request corrections, and consent to disclosures. FERPA Regulations
2. Common Compliance Challenges
Common compliance challenges include:
- Data Breaches and Cybersecurity: The threat of cyberattacks is considerable, and ensuring strong security protocols and incident response plans is a FERPA mandate. FERPA Compliance in the Digital Age
- Third-Party Vendors: Schools must meticulously vet any third-party vendors having access to student data. FERPA requires strict contracts with precise data use limitations and security guarantees. FERPA Compliance in the Digital Age
- Defining "School Official" and "Legitimate Educational Interest": These terms have become more complex in the digital age, requiring schools to define who has authorized access to student records and under what circumstances. FERPA Compliance in the Digital Age
- Parental Rights and Student Directory Information: FERPA regulates seemingly simple information like student names and photos. Schools must have transparent policies on what constitutes directory information and how parents can opt-out. FERPA Compliance in the Digital Age
3. Best Practices for Implementation
Best practices for FERPA compliance include:
- Educate Staff and Faculty on FERPA: Provide regular training sessions for all employees, including teachers, administrators, and IT staff, to ensure they understand FERPA regulations, their responsibilities, and how to handle student data securely. Include real-life scenarios to highlight potential compliance issues. Ensure employees understand how FERPA applies in both physical and digital environments. Best Practices for FERPA Compliance
- Limit Access to Student Records: Adopt a principle of least privilege by granting access to education records only to individuals with a legitimate educational interest. Use role-based access controls to manage permissions effectively. Best Practices for FERPA Compliance
- Strengthen Digital Security: Implement strong security protocols and incident response plans to protect against data breaches. Regularly update security measures to keep up with evolving threats. Best Practices for FERPA Compliance
4. Recent Updates or Changes
Recent updates or changes include:
- Guidance on Student Health Records: The U.S. Department of Education has issued new guidance reminding schools and postsecondary educational institutions of their obligations under FERPA to protect student privacy, emphasizing the importance of keeping student health records private. This guidance also clarifies the definition of educational records, including health records, and the exceptions for disclosing these records. DoE Issues New Guidance on FERPA and Student Health Records
5. Related Regulations or Standards
Related regulations or standards include:
Recent developments
- — The Department reiterated that FERPA violations can trigger enforcement measures, including potential termination of federal funding, in the Kansas matter. The announcement underscores that FERPA compliance is now being tied more directly to federal enforcement coordination.[7] (source)
- — The Education Department said it entered an interagency agreement with DOJ in June 2026 to speed enforcement of parental and civil rights laws, including FERPA. This signals a more aggressive enforcement posture around student privacy and parental access disputes.[7] (source)
- — The U.S. Department of Education said SPPO found Kansas City, Kansas Public School District policies that violate FERPA and that it would work with DOJ on enforcement. The department warned that continued noncompliance could lead to judicial action and possible loss of federal funding.[7] (source)
- — The California Department of Education said AB 1955 does not override parents’ FERPA right to inspect and review their children’s education records, including records that may involve gender identity, sexual orientation, or gender expression. The notice also stated that no conflicting state privacy or anti-discrimination law supersedes that FERPA access right.[2] (source)
- — A FERPA enforcement recap reported that USED opened two statewide investigations in California and Maine the prior week. The report says the investigations center on whether state or district policies improperly limit parent access to education records.[8] (source)
- — The U.S. Department of Education’s Student Privacy Policy Office launched statewide FERPA investigations in California and Maine, focusing on parent access to records related to students’ gender identity. The update notes that the agency also issued a Dear Colleague Letter on FERPA and gender-identity information for K-12 schools.[3] (source)
- — RegInfo’s active rule entry indicates the Department of Education has a FERPA-related rule item in the regulatory agenda. The listing suggests possible future action, but the provided result does not include a finalized rule change.[9] (source)
- — The Department of Education amended FERPA regulations to make it easier to share education records for audits, evaluations, enforcement, and research under written agreements. Although not recent, this remains a key baseline policy update because it defines current federal FERPA disclosure rules.[5] (source)
Read the full guide to FERPA (Family Educational Rights and Privacy Act)
Related regulations
- NIST AI Risk Management Framework (AI RMF 1.0) — United States, Active, effective 2023-01-26
- Blueprint for an AI Bill of Rights — United States, Active
- COPPA (Children's Online Privacy Protection Act) — United States, Active
- Cybersecurity Maturity Model Certification — United States, Phased, effective 2025-11-10
- SEC Cybersecurity Disclosure Rules — United States, Active, effective 2023-12-18
- Executive Order 14365 - Ensuring a National Policy Framework for Artificial Intelligence — United States, Active, effective 2025-12-11
- TAKE IT DOWN Act — United States, Active, effective 2026-05-19
- SEC Regulation S-P Amendments (Customer Data Incident Response) — United States, Active, effective 2026-06-03
Put it into practice
- Generate the policy: FERPA policy generator (generatepolicy.com)
- Buy the policy pack: Education Bundle (cyberpolicy.shop)
- Build it yourself: Pillar 01 — The Compliance Operating System (ciso.diy)
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