The Family Educational Rights and Privacy Act of 1974 is a United States federal law that governs the access to educational information and records.
Ensuring parents and eligible students have appropriate rights regarding education records.
Provide parents and eligible students the right to inspect and review the student's education records within a reasonable time; not to exceed 45 days after the request.
Provide parents and eligible students the right to request that a school correct records which they believe to be inaccurate or misleading.
Obtain written consent from parents or eligible students before disclosing personally identifiable information (PII) from education records; except as permitted by law.
Annually notify parents and eligible students of their rights under FERPA through various methods (e.g.; website; student handbook; direct mail).
Rules governing the disclosure of personally identifiable information from student education records.
Ensure that prior written consent is obtained from the parent or eligible student before disclosing PII from education records; unless an exception applies.
Disclose PII to school officials with legitimate educational interests.
Disclose PII to officials of another school where a student seeks or intends to enroll.
Disclose PII in connection with an application for or receipt of financial aid.
Disclose PII to comply with a judicial order or lawfully issued subpoena; typically with prior notification to the parent/student.
Disclose PII to appropriate parties in connection with an emergency if necessary to protect the health or safety of the student or other individuals.
Disclose PII to state and local educational authorities; e.g.; for audit or evaluation purposes.
Disclose 'directory information' without consent; provided the institution has informed parents/eligible students of directory information and given them an opportunity to opt out.
Disclose PII to authorized representatives of the Comptroller General of the United States; the Attorney General of the United States; the Secretary of Education; or state and local educational authorities for audit or evaluation of federal or state supported education programs.
Disclose PII to organizations conducting studies for or on behalf of the institution to develop; validate; or administer predictive tests; administer student aid programs; or improve instruction.
Disclose to an alleged victim of any crime of violence or non-forcible sex offense; the final results of any disciplinary proceeding.
Disclose to parents of students under 21; information regarding any violation of law or school policy concerning the use or possession of alcohol or a controlled substance.
Disclose information provided to the institution under a State law concerning sex offender registration information.
Maintain a record of all requests for and disclosures of PII from education records (except for certain exceptions like directory information).
Develop and implement a clear policy regarding what constitutes directory information and the opt-out process.
Implementing measures to protect the confidentiality; integrity; and availability of student education records.
Implement physical and technical access controls to limit access to education records only to authorized personnel with a legitimate educational interest.
Utilize encryption for sensitive student data at rest and in transit; especially when transmitted over public networks.
Collect and retain only necessary student data; and establish policies for secure disposal of records when no longer needed.
Ensure contracts with third-party vendors (e.g.; cloud service providers; learning platforms) that handle education records include FERPA-compliant provisions for data privacy and security.
Provide regular and mandatory training to all employees with access to education records on FERPA requirements and data privacy best practices.
Develop; implement; and regularly test an incident response plan to address and manage potential breaches of student education records.
Implement physical security measures to protect paper and digital records stored on-site from unauthorized access or theft.
Requirements for accurate maintenance and management of student education records.
Ensure that all education records are accurate; complete; and maintained in a systematic manner.
Establish and adhere to clear record retention schedules for all types of education records.
Implement secure storage solutions for both physical and electronic education records to prevent unauthorized access or loss.
General obligations for educational institutions to ensure and demonstrate FERPA compliance.
Ensure the detailed annual notification process for FERPA rights is comprehensive and reaches all relevant parties.
Designate an official responsible for ensuring FERPA compliance and responding to inquiries and complaints.
Establish a clear and accessible process for parents and eligible students to file complaints regarding alleged FERPA violations.
Conduct periodic internal audits and reviews of FERPA compliance practices and procedures.
Cooperate fully with investigations conducted by the U.S. Department of Education's Family Policy Compliance Office (FPCO) regarding FERPA violations.