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FERPA

FERPA

FERPA

The Family Educational Rights and Privacy Act of 1974 is a United States federal law that governs the access to educational information and records.

Controls:

Ensuring parents and eligible students have appropriate rights regarding education records.

  • Right to Inspect and Review Education Records - FERPA.1.1

    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.

  • Right to Request Amendment of Records - FERPA.1.2

    Provide parents and eligible students the right to request that a school correct records which they believe to be inaccurate or misleading.

  • Right to Consent to Disclosure - FERPA.1.3

    Obtain written consent from parents or eligible students before disclosing personally identifiable information (PII) from education records; except as permitted by law.

  • Notification of Rights - FERPA.1.4

    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.

  • Prior Written Consent for Disclosure - FERPA.2.1

    Ensure that prior written consent is obtained from the parent or eligible student before disclosing PII from education records; unless an exception applies.

  • Exceptions to Consent - School Officials - FERPA.2.2

    Disclose PII to school officials with legitimate educational interests.

  • Exceptions to Consent - Transfer to Another School - FERPA.2.3

    Disclose PII to officials of another school where a student seeks or intends to enroll.

  • Exceptions to Consent - Financial Aid - FERPA.2.4

    Disclose PII in connection with an application for or receipt of financial aid.

  • Exceptions to Consent - Judicial Order/Subpoena - FERPA.2.5

    Disclose PII to comply with a judicial order or lawfully issued subpoena; typically with prior notification to the parent/student.

  • Exceptions to Consent - Health or Safety Emergency - FERPA.2.6

    Disclose PII to appropriate parties in connection with an emergency if necessary to protect the health or safety of the student or other individuals.

  • Exceptions to Consent - State/Local Authorities - FERPA.2.7

    Disclose PII to state and local educational authorities; e.g.; for audit or evaluation purposes.

  • Exceptions to Consent - Directory Information - FERPA.2.8

    Disclose 'directory information' without consent; provided the institution has informed parents/eligible students of directory information and given them an opportunity to opt out.

  • Exceptions to Consent - Audit or Evaluation - FERPA.2.9

    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.

  • Exceptions to Consent - Research Studies - FERPA.2.10

    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.

  • Exceptions to Consent - Victim of Violent Crime - FERPA.2.11

    Disclose to an alleged victim of any crime of violence or non-forcible sex offense; the final results of any disciplinary proceeding.

  • Exceptions to Consent - Disciplinary Info (Drug/Alcohol) - FERPA.2.12

    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.

  • Exceptions to Consent - Sex Offender Info - FERPA.2.13

    Disclose information provided to the institution under a State law concerning sex offender registration information.

  • Record of Disclosures - FERPA.2.14

    Maintain a record of all requests for and disclosures of PII from education records (except for certain exceptions like directory information).

  • Directory Information Policy - FERPA.2.15

    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.

  • Access Controls for Education Records - FERPA.3.1

    Implement physical and technical access controls to limit access to education records only to authorized personnel with a legitimate educational interest.

  • Data Encryption & Secure Transmission - FERPA.3.2

    Utilize encryption for sensitive student data at rest and in transit; especially when transmitted over public networks.

  • Data Minimization & Retention - FERPA.3.3

    Collect and retain only necessary student data; and establish policies for secure disposal of records when no longer needed.

  • Vendor/Third-Party Data Access Agreements - FERPA.3.4

    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.

  • Employee Training on Data Privacy - FERPA.3.5

    Provide regular and mandatory training to all employees with access to education records on FERPA requirements and data privacy best practices.

  • Incident Response for Data Breaches - FERPA.3.6

    Develop; implement; and regularly test an incident response plan to address and manage potential breaches of student education records.

  • Physical Security of Records - FERPA.3.7

    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.

  • Accurate & Complete Education Records - FERPA.4.1

    Ensure that all education records are accurate; complete; and maintained in a systematic manner.

  • Record Retention Policies - FERPA.4.2

    Establish and adhere to clear record retention schedules for all types of education records.

  • Secure Storage of Records - FERPA.4.3

    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.

  • Annual Notification to Students/Parents (Detailed) - FERPA.5.1

    Ensure the detailed annual notification process for FERPA rights is comprehensive and reaches all relevant parties.

  • Compliance Officer Designation - FERPA.5.2

    Designate an official responsible for ensuring FERPA compliance and responding to inquiries and complaints.

  • Complaint Handling Process - FERPA.5.3

    Establish a clear and accessible process for parents and eligible students to file complaints regarding alleged FERPA violations.

  • Internal Audits & Reviews - FERPA.5.4

    Conduct periodic internal audits and reviews of FERPA compliance practices and procedures.

  • Response to OCR Investigations - FERPA.5.5

    Cooperate fully with investigations conducted by the U.S. Department of Education's Family Policy Compliance Office (FPCO) regarding FERPA violations.