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What is FERPA?
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records and gives parents, and eligible students once they turn 18 or attend a postsecondary institution, specific rights to access, review and control the disclosure of those records. The law applies to all educational institutions that receive funding from the U.S. Department of Education. Understanding FERPA is essential, because even everyday tasks, such as sending an email, posting a photo or sharing a class list, can raise important questions about privacy and compliance.
This is why FERPA compliance training is so critical. Staff must make privacy decisions regularly: Can I share this grade with a parent? Is this student schedule protected? Knowing how FERPA works helps educators make decisions confidently, avoid mistakes and build trust with families.
What Does FERPA Protect?
Under FERPA, education records include any personally identifiable information related to a student and maintained by the school. Many educators may wonder what is considered an educational record according to FERPA, or what is directory information under FERPA.
Common examples of FERPA include:
- Grades
- Transcripts
- Disciplinary records
- Student schedules
- Attendance
- Health information kept as part of the education record
Incidents such as emailing grades to the wrong student or leaving files where others can see them are clear FERPA violation examples and repeated mistakes can carry serious consequences. In fact, schools that fail to comply with FERPA regulations can lose access to federal funding.
Who Does FERPA Apply To?
FERPA applies to:
- All schools receiving U.S. Department of Education funds
- Public K–12 schools
- Most colleges and universities
The law protects the rights of both custodial and noncustodial parents. As specified by FERPA, noncustodial parents have the same rights as custodial parents unless a court order states otherwise.
Understanding Directory Information
FERPA directory information can be shared without consent, however, schools must follow the annual FERPA notification process to ensure parents understand their rights to review records, request corrections and opt out of the release of directory information.
FERPA directory information often includes:
- Student name
- Grade level
- Participation in sports
- Honors or awards
Understanding what is considered directory information under FERPA is important to avoid missteps, such as posting team rosters or honor roll lists without realizing a family has opted out.
FERPA vs HIPAA: Understanding the Difference
Confusion is common between FERPA and Health Insurance Portability and Accountability Act (HIPAA) records. FERPA covers student education records, including many health records kept by schools or school-run clinics. For example, records from a public college’s health clinic are typically governed by FERPA, not HIPAA. HIPAA generally applies only to records held by outside healthcare providers.
What Is a FERPA Waiver?
A FERPA waiver — also called a FERPA release form — allows a student to authorize the school to share information with someone else, such as a parent, employer or scholarship reviewer. Some students waive FERPA rights when applying for scholarships or jobs to allow reviewers to see recommendations or records.
What Is a FERPA Form?
A FERPA form records permission to release student information. Schools use these forms to document consent and maintain compliance.
What Is a FERPA Violation?
A FERPA violation occurs when protected student information is improperly disclosed, accessed or mishandled by anyone with access to education records, including teachers, administrators, support staff, IT personnel or third-party vendors.
Violations put schools and their employees at risk of federal complaints, investigations by the Student Privacy Policy Office, mandated corrective actions, and in severe or repeated cases, the loss of federal funding. They can also lead to internal disciplinary measures and reputational damage for the institution.
Who Can File a FERPA Complaint
Parents and eligible students have the right to file a FERPA complaint with the U.S. Department of Education if they believe their privacy rights were violated.
Why FERPA Training Matters
FERPA rules, definitions and exceptions can feel overwhelming, yet they’re essential for protecting students. That’s why FERPA training matters. Effective training helps staff:
- Understand the definition of FERPA and how the law benefits students, parents and guardians
- Understand their obligations under FERPA and how to uphold them
- Protect the privacy of students and avoid penalties for violating FERPA
FERPA compliance reflects a school’s commitment to trust, safety and respect. When educators understand what FERPA is, what it protects and why it matters, they are better equipped to safeguard students’ private information and support a school community built on integrity and transparency.
