FERPA

Family Educational Rights and Privacy Act

A U.S. federal law enacted in 1974 that governs access to and privacy of student education records. It applies to all educational institutions and agencies that receive funding from the U.S. Department of Education, including public K–12 schools, colleges, and universities.

The primary purpose of FERPA is to protect students’ personal information and grant them certain rights regarding their education records. For minors, these rights are held by parents or guardians, but they transfer to the student once they turn 18 or enroll in a postsecondary institution, where the student is considered an eligible student.

Key Rights Under FERPA

• Right to Access: Students (or parents of minors) have the right to inspect and review the education records maintained by the school.
• Right to Request Amendment: Students who believe their records contain errors can request corrections or updates.
• Right to Control Disclosure: FERPA requires schools to obtain written consent before disclosing personally identifiable information (PII) from education records, except under certain legally defined exceptions.
• Right to File Complaints: If a student or parent believes their FERPA rights have been violated, they can file a complaint with the U.S. Department of Education.

FERPA and Online Learning Platforms

In the context of digital education, including Learning Management Systems (LMS), FERPA compliance is critical. Any system that stores or processes student data must ensure that information is secured, access is appropriately restricted, and third-party (3P) integrations or vendors also uphold FERPA’s standards. This includes handling data such as grades, class schedules, disciplinary records, and other academic information with stringent privacy controls.

Common Exceptions and “Directory Information”

FERPA does allow schools to disclose what is known as directory information—such as a student’s name, address, telephone number, or major—without consent, unless the student opts out. However, institutions must notify students annually about their rights and the types of information considered directory data.

FERPA is foundational to the privacy framework of the U.S. education system. Whether you’re an educator, platform developer, or administrator, understanding and complying with FERPA ensures legal protection and the trust and safety of your learners.