Family Educational Rights and Privacy Act
Protecting student education records and ensuring parental access rights
// What is FERPA?
FERPA protects the privacy of student education records, giving parents rights over their children's records until the student turns 18 or attends postsecondary education. The law applies to all educational institutions receiving federal funding, from elementary schools through universities.
While FERPA predates modern cybersecurity concerns, its requirements have significant implications for data protection. Student information systems, learning management platforms, and educational technology vendors must all comply with FERPA's disclosure restrictions and security expectations.
The Department of Education has increasingly emphasized cybersecurity in FERPA guidance, recognizing that data breaches constitute unauthorized disclosures. Institutions must implement reasonable security measures protecting education records from unauthorized access.
// Inside the Regulation
FERPA establishes rights for parents and eligible students regarding education records, while restricting institutional disclosure without consent. The regulation defines education records broadly and imposes security obligations protecting those records.
Education Records Definition
34 CFR § 99.3Understanding what FERPA protects is essential for compliance. Education records encompass more than grades and transcripts.
Covered Records
Records directly related to a student maintained by an educational institution or party acting for the institution, in any medium.
Directory Information
Certain information (name, address, enrollment status, etc.) may be disclosed without consent if properly designated and noticed. Students can opt out.
Exclusions
Sole possession records, law enforcement records, employment records (non-student status), treatment records, and post-attendance alumni records.
Disclosure Restrictions
34 CFR § 99.30-99.39FERPA prohibits disclosure of education records without consent, with specific exceptions for legitimate educational purposes.
Consent Requirement
Written consent required before disclosing personally identifiable information from education records, specifying records, purpose, and recipient.
School Official Exception
Disclosure permitted to school officials with legitimate educational interest, including contractors performing institutional functions.
Health and Safety Emergency
Disclosure permitted to appropriate parties in health or safety emergencies, with documentation of threat and parties contacted.
De-identified Data
Information with all personally identifiable information removed may be disclosed, but institution must reasonably determine student cannot be identified.
Security Requirements
While FERPA doesn't specify technical controls, it requires institutions to protect records and treats breaches as unauthorized disclosures.
Reasonable Methods
Institutions must use reasonable methods ensuring school officials access only records in which they have legitimate educational interest.
Physical Security
Physical safeguards protecting record storage locations from unauthorized access.
Electronic Security
Technical safeguards protecting electronic records including access controls, authentication, and transmission security.
Third-Party Agreements
Contracts with service providers must include FERPA compliance provisions and restrict further disclosure.
Breach Response
Data breaches involving education records constitute unauthorized disclosures requiring institutional response.
Documentation
Record breaches involving education records including affected records, cause, and remediation steps.
Notification Considerations
While FERPA doesn't mandate breach notification, state laws and institutional policy typically require notification of affected individuals.
Remediation
Address vulnerabilities causing the breach and strengthen controls preventing recurrence.
Note: FERPA compliance extends to educational technology vendors through the 'school official' exception, which requires contracts designating the vendor as a school official performing services the institution would otherwise perform. Vendors must maintain direct institutional control over education records.
// Who Must Comply
- 1 Public K-12 school districts
- 2 Private schools receiving federal funds
- 3 Colleges and universities receiving federal student aid
- 4 State education agencies
- 5 Educational technology vendors serving covered institutions
- 6 Testing companies and assessment providers
- 7 Research organizations accessing education records
// Key Requirements
Access Rights
Provide parents/eligible students access to education records and opportunity to challenge inaccurate information
Disclosure Controls
Obtain consent before disclosing education records except under specific permitted exceptions
Annual Notification
Annually notify parents/students of FERPA rights and directory information policies
Record Security
Implement reasonable security measures protecting education records from unauthorized access
Vendor Management
Ensure contracts with service providers include required FERPA compliance provisions
Disclosure Logging
Maintain records of each disclosure request and whether it was granted
// Enforcement & Penalties
The Department of Education enforces FERPA primarily through administrative remedies. Funding termination is the ultimate sanction, though rarely invoked. The Department typically works with institutions to achieve compliance through corrective action.
Termination of federal funding eligibility
Examples:
- Compliance agreements requiring institutional remediation
- Formal findings of FERPA violations with corrective action plans
- Rare: Funding termination proceedings for systematic non-compliance
- State law penalties for data breaches involving student records
// Cyber Insurance Impact
Cyber insurers consider FERPA compliance when underwriting educational institutions. Breaches involving student records trigger coverage provisions and may expose compliance gaps. Institutions should ensure cyber policies cover regulatory defense costs and potential penalties under FERPA and related state laws.
// How Breach Craft Helps
We help organizations achieve FERPA compliance through genuine security improvements—not checkbox exercises. Our services address the specific requirements and challenges of FERPA.
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