FERPA Compliance Updates: What Education Providers Need to Know
Dr. Lisa Park
March 5, 2025
10 min read
FERPA Compliance Updates: What Education Providers Need to Know
The Family Educational Rights and Privacy Act (FERPA) remains the cornerstone of student data protection in the United States. As technology evolves and data practices change, understanding current FERPA requirements is essential for every education provider.
Understanding FERPA Fundamentals
What FERPA Protects
FERPA protects "education records," which include:
Grades and transcripts
Student schedules
Discipline records
Health records maintained by schools
Financial information
Enrollment status
Photos and videos (in many contexts)
Who Must Comply
FERPA applies to:
All schools receiving federal funding
School districts
Higher education institutions
Many private schools and learning centers
Third-party service providers handling student data
Core FERPA Rights
Parent Rights (for students under 18):
Access to education records
Request corrections to records
Consent before disclosure
File complaints with the Department of Education
Student Rights (at 18 or college enrollment):
Rights transfer from parents to students
Same access and consent protections
Control over their own records
Recent Updates and Interpretations
Technology and Cloud Services
The Department of Education has provided guidance on:
Cloud Computing:
Cloud providers can be "school officials" under FERPA
Proper contracts must be in place
Data access must be limited to legitimate educational purposes
Security measures are required
EdTech Applications:
Apps handling student data must comply
Terms of service don't override FERPA
Schools remain responsible for vendor compliance
Data minimization is encouraged
Virtual Learning Considerations
Post-pandemic guidance addresses:
Recording of virtual classes
Sharing of student information in online environments
Privacy in video conferencing
Data collected by virtual learning platforms
State Law Interactions
Many states have enacted stronger protections:
California (SOPIPA)
New York (Education Law 2-d)
Colorado (Student Data Transparency and Security Act)
Various state student privacy laws
Compliance Requirement: Meet both FERPA and applicable state laws—typically the more protective standard applies.
Key Compliance Requirements
1. Annual Notification
Schools must annually notify parents and eligible students of:
Their FERPA rights
The right to inspect records
The right to request amendments
The right to consent to disclosures
The right to file complaints
2. Directory Information Policy
Definition: Directory information may be disclosed without consent, but:
Schools must define what constitutes directory information
Parents must be given opportunity to opt out
Definition must be reasonable and limited
Common Directory Information:
Name
Address (be cautious)
Email
Phone (be cautious)
Participation in activities
Degrees and awards
3. Record Access Procedures
Establish clear procedures for:
How to request record access
Timeline for providing access (within 45 days)
Format options for records
Fees that may be charged
4. Disclosure Documentation
Maintain records of:
All disclosures of personally identifiable information
Vendors can access student data without consent if they:
Perform a function the school would otherwise do itself
Are under direct control of the school
Use data only for authorized purposes
Comply with FERPA requirements
Essential Contract Provisions
Vendor agreements should include:
Data Use Restrictions:
Specification of permitted uses
Prohibition on secondary uses
No data mining for commercial purposes
No sale of student information
Security Requirements:
Appropriate administrative safeguards
Technical security measures
Physical security protections
Incident response procedures
Access and Deletion:
Parental access mechanisms
Data correction procedures
Data deletion upon request or contract end
Return of data at termination
Compliance Commitments:
Agreement to comply with FERPA
Subcontractor requirements
Audit rights
Notification of breaches
Vendor Due Diligence
Before engaging vendors:
Review privacy policies
Assess security practices
Verify compliance certifications
Check references from other schools
Negotiate appropriate contract terms
Data Security Requirements
Administrative Safeguards
Designate a responsible official
Conduct regular training
Implement access controls
Perform periodic audits
Establish incident response procedures
Technical Safeguards
Encryption of data in transit and at rest
Strong authentication
Access logging
Regular security updates
Backup and recovery procedures
Physical Safeguards
Secure storage of records
Controlled access to facilities
Secure disposal of records
Protection of portable devices
Common Compliance Mistakes
Mistake 1: Over-Sharing Student Information
Problem: Sharing student data without proper authorization
Prevention:
Verify consent or exception before disclosing
Document all disclosures
Train staff on disclosure rules
Implement approval workflows
Mistake 2: Inadequate Vendor Management
Problem: Allowing vendors to access data without proper agreements
Prevention:
Review all vendor relationships
Ensure contracts include required provisions
Monitor vendor compliance
Conduct periodic reviews
Mistake 3: Poor Record Keeping
Problem: Not maintaining required documentation
Prevention:
Establish record-keeping systems
Document policies and procedures
Maintain disclosure logs
Keep training records
Mistake 4: Ignoring Parental Rights
Problem: Not responding to access or amendment requests
Prevention:
Create clear procedures
Train staff on handling requests
Track and monitor requests
Respond within required timelines
Mistake 5: Weak Security Practices
Problem: Insufficient protection of student records
Prevention:
Implement strong security measures
Conduct regular security assessments
Train staff on security practices
Respond promptly to incidents
Implementation Checklist
Policy Development
Annual notification policy
Directory information policy
Records access procedures
Amendment request procedures
Disclosure documentation procedures
Vendor management policy
Data security policy
Incident response plan
Staff Training
FERPA fundamentals
Recognizing protected information
Proper disclosure procedures
Handling parent/student requests
Security practices
Incident reporting
Technical Implementation
Access controls configured
Encryption implemented
Logging enabled
Backups established
Security monitoring active
Vendor Management
Inventory of all vendors with student data
Contracts reviewed and updated
Compliance verified
Ongoing monitoring established
Handling FERPA Complaints
Internal Complaints
When parents or students raise concerns:
Listen and document the complaint
Investigate promptly
Take corrective action if needed
Communicate the resolution
Document the outcome
Federal Complaints
Parents and students can file complaints with:
Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202
Complaints must be filed within 180 days of the alleged violation.
Proactive Compliance
Prevent complaints by:
Regular compliance audits
Staff training programs
Clear communication with families
Prompt response to concerns
Continuous improvement
Staying Current
Resources
Official Sources:
Department of Education FERPA website
Family Policy Compliance Office guidance
Student Privacy Help Desk
Professional Organizations:
AASA (School Superintendents Association)
CoSN (Consortium for School Networking)
Future of Privacy Forum
Legal Updates:
Monitor regulatory changes
Follow court decisions
Track state law developments
Best Practices
Conduct annual compliance reviews
Update policies as needed
Refresh training regularly
Monitor enforcement trends
Learn from others' mistakes
Conclusion
FERPA compliance is not optional—it's a legal requirement and an ethical obligation to the students and families you serve. By understanding the requirements, implementing proper safeguards, and staying current with developments, you can protect student privacy while still leveraging technology to enhance learning.
The investment in compliance is worth it: protecting student data protects your students, your reputation, and your organization.
