Family Educational Rights and Privacy Act (FERPA)

What Is FERPA?

The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States passed in 1974 to safeguard the privacy of student education records. It was designed to give families and students greater control over their personal information while setting clear responsibilities for schools.

FERPA applies to all educational institutions and agencies that receive funding from the U.S. Department of Education. This includes nearly every public school and most private colleges and universities. Institutions that fail to comply risk losing federal funding, making it both a legal and financial requirement.

The law grants specific rights to parents and to students who turn 18 or attend a postsecondary institution. These rights determine how schools collect, manage, and share student records. It continues to shape how schools handle data in an era where information is increasingly stored and shared electronically.

FERPA’s Purpose and Scope: Who the Law Protects

FERPA was created to address concerns that student information was being accessed and shared without proper safeguards. Its purpose is to ensure that personal and academic information remains private, while still allowing educational organizations to operate efficiently.

Who FERPA Protects

• Parents of students under 18. They can review and request changes to their child’s records.
• Eligible students. Once a student turns 18 or attends college, the rights transfer to them. They then control who has access to their records.
• Schools and institutions. While not protected in the same sense, institutions are legally obligated to uphold FERPA and manage student data responsibly.

Why Scope Matters

FERPA applies to far more than grades. Protected records covered include:

• Attendance data
• Disciplinary histories
• Special education documents
• Health and counseling files that are maintained by the school
• Personally identifiable information such as Social Security numbers, addresses, and family contact details

The scope ensures that institutions cannot distribute or sell student data freely. By establishing limits on sharing, the law builds trust between schools and families and reinforces the importance of responsible data handling.

FERPA Rights Explained: What Counts as an Education Record

Four key rights that form the foundation of student privacy in education include:

1. The Right to Inspect and Review Records
   Parents and eligible students can request access to their records. Schools must provide them within 45 days of the request.
2. The Right to Request Amendments
   If information is inaccurate, misleading, or otherwise violates a student’s rights, the family or student can request corrections. If denied, a formal hearing process is available.
3. The Right to Consent to Disclosures
   Schools must obtain written consent before releasing personally identifiable information to third parties, unless one of the allowed exceptions applies.
4. The Right to File a Complaint
   If families or students believe their rights under FERPA have been violated, they can submit a complaint to the U.S. Department of Education.

What Counts as an Education Record

Education records include any records related to a student that are maintained by a school or educational agency. This distinction is important because schools must secure only the records defined by FERPA, while other types of data may be governed by different rules.

Examples of education records include:

• Report cards and transcripts
• Class schedules
• Disciplinary actions
• Student identification numbers connected with other personal details
• Financial aid information
• Housing or residency records

Items not considered education records include:

• Personal notes kept by teachers that are not shared with others
• Campus police records maintained by a school’s law enforcement unit
• Employment records of students that are unrelated to their enrollment

When Can Schools Share Student Records Without Consent?

While written consent is required in most cases before schools can disclose student records, there are important exceptions where disclosure is allowed.

Permitted Disclosures

• School officials with a legitimate educational interest. Teachers, administrators, and staff may access student records if the information is needed to carry out professional duties.
• Other schools. Records may be shared with institutions where the student seeks or intends to enroll.
• Financial aid purposes. Data may be disclosed if it is needed to determine eligibility, amounts, or conditions of aid.
• Health and safety emergencies. Schools can release information in urgent cases when necessary to protect the student or others.
• Directory information. Schools may share items such as student names, addresses, honors, and activities unless parents or students opt out.
• Judicial orders or subpoenas. Schools may comply with legal orders but usually must make reasonable efforts to inform families beforehand.

Why This Matters for Schools

These exceptions allow schools to function without being paralyzed by paperwork, but they also require careful judgment. Misinterpreting or overusing the exceptions can lead to compliance failures and erode family trust. Schools that clearly communicate their policies and provide opt-out options are more likely to stay in compliance.

Modern Challenges for FERPA Compliance

When FERPA was first written, records were on paper and kept in filing cabinets. Today, most student information exists in digital formats across multiple systems and devices. This has introduced new challenges for schools.

• Third-party vendors. Schools use external providers for online testing, classroom management, communication, and device management. If these vendors access student records, the standards extend to them.
• Cybersecurity threats. Ransomware and data breaches create risks that did not exist in the 1970s.
• Remote learning. Online classrooms and distance learning tools have multiplied the systems that hold student data, creating more points of vulnerability.

Technology’s Role in Compliance

To address these challenges, schools increasingly use technology to secure and monitor data. Common tools include:

• Encryption to protect information both in storage and during transmission
• Access controls to limit which staff can see specific records
• Audit trails that show who accessed data and when
• Vendor agreements that require compliance with FERPA standards

The law’s principle of protecting student privacy has not changed, but the tools needed to fulfill that responsibility are far more advanced.

FERPA and IT Asset Management in Schools

FERPA does not only apply to student files or digital databases. It also extends to the laptops, tablets, and shared systems that students and staff use every day. Because these devices often store assignments, grades, and personally identifiable information, they are subject to the same rules of protection and privacy. If schools do not manage these assets responsibly, they risk unintentional FERPA violations.

FERPA and IT Assets

• Student devices: Chromebooks, tablets, and laptops issued to students often hold sensitive records that must remain secure throughout the asset lifecycle.
• Shared equipment: Lab or library computers can reveal private information if user sessions are not cleared or data is not properly managed.
• Mobile device management (MDM): Oversight systems must be configured to ensure compliance, but misconfigured tools can create gaps in protection.
• Asset tracking: Schools need precise knowledge of where each device is, who is using it, and whether it is secured against misuse.
  

Why IT Asset Management Matters

Proper IT asset management is central to FERPA compliance. Without it, schools may lose track of devices, overlook old equipment that still contains student data, or fail to prove compliance during audits. Strong asset management practices allow schools to:

• Track which users have access to which devices
• Ensure devices are wiped and decommissioned properly
• Maintain verifiable records for FERPA audits and investigations
• Detect lost or stolen assets quickly before sensitive data is exposed
  

How Teqtivity Supports FERPA Compliance

Teqtivity gives schools the tools to manage devices securely and keep student information protected under FERPA. With one platform, you can:

• Track every device and its assigned user so you always know where assets are, who is using them, and whether they are compliant.
• Replace spreadsheets with centralized inventory tracking that reduces errors, improves accuracy, and gives administrators real-time visibility.
• Produce audit-ready reports that demonstrate compliance during reviews and investigations without time-consuming manual work.
• Close compliance gaps by automating processes for onboarding, transfers, and decommissioning, reducing the risk of accidental violations.

With Teqtivity, schools protect student privacy, prevent costly mistakes, and simplify compliance with one of education’s most important privacy laws. Request a demo today to see how it works.

FERPA Compliance and How to Avoid Violations

Schools cannot rely on policies alone to ensure compliance. Active management and monitoring are necessary to prevent violations.

Common FERPA Violations

• Posting student grades publicly
• Leaving sensitive data visible on classroom screens or bulletin boards
• Failing to secure school-issued devices
• Sharing records with unauthorized third parties
• Ignoring requests to opt out of directory information

Best Practices for Compliance

• Provide regular training for staff to reinforce the basics of FERPA.
• Use role-based access controls so only authorized personnel can see records.
• Deploy asset management systems to encrypt and monitor devices.
• Establish clear policies about directory information and notify families of their options.
• Keep detailed records of data access and disclosures for audit purposes.
• Vet third-party vendors to ensure that contracts include FERPA compliance obligations.

By taking a proactive approach, schools reduce the risk of penalties and demonstrate a commitment to student privacy. This builds trust with families and strengthens the school’s reputation.

Glossary of Related Terms

• Data Sanitization
• Lost or Stolen
• Asset Recovery
• EOL Data Wiped
• Retention Policy
• Vendor Management