What Is FERPA Compliance?

The The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that provides important privacy rights to students and their families. The law gives parents and eligible students the right to access and review their education records, request the amendment of inaccurate information, consent to the disclosure of their education records, and file a complaint with the U.S. Department of Education. In order to comply with FERPA, schools and universities should implement appropriate security measures to protect student information, develop a comprehensive data compliance plan, and provide cybersecurity training to employees and administrators.

This article discusses FERPA compliance and focuses on the importance of parents and guardians having control over their child’s education records, the access, defined by FERPA, to those records, and the actions that the Family Policy Compliance Office (FPCO) will take when violations occur.

What Is the Family Educational Rights and Privacy Act (FERPA)?

The Family Educational Rights and Privacy Act (FERPA) of 1974 provides an important set of privacy rights for students and their families, and is considered one of the most important pieces of student privacy legislation in the United States. FERPA, also known as the Buckley Amendment, is a federal law that protects the privacy of student education records, and gives parents and eligible students the right to inspect, review, and request the amendment of their education records.

FERPA covers personally identifiable information (PII) that is provided by educational institutions in the student’s academic record. These academic or education records include names, addresses, phone numbers, birth dates, Social Security numbers, grades, test scores, emails, student ID cards, transcripts, and disciplinary records.

Overview of Family Educational Rights and Privacy Act

FERPA was enacted in 1974 by the United States Congress and signed into law by President Gerald Ford. The law protects the privacy of student education records, and gives parents and eligible students the right to inspect, review, and request the amendment of their education records. FERPA also gives students the right to file a complaint with the U.S. Department of Education if they feel that their education records have been improperly disclosed. It’s important to understand that FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Rights Protected Under FERPA

It is important for educational institutions to ensure they are in compliance with FERPA regulations in order to protect the rights and privacy of their students and parents. Some of the rights protected under FERPA include:

Right to Inspect and Review Records

FERPA gives parents and eligible students the right to inspect and review their education records. When a school receives a request to inspect or review a student’s records, the school is required to provide the records within 45 days. Schools can, however, deny access to certain records, such as records of other students or records that were created after the request. The school must nevertheless provide an explanation for any records not provided.

Right to Request Amendment

Parents and eligible students also have the right to request the amendment of their education records if they believe the information contained in the records is inaccurate, misleading, or otherwise in violation of their rights under FERPA. Schools are required to consider any requests for amendment, and must provide a written response to the request within 60 days. In some cases, the school may choose to amend the records, while in other cases the school may deny the request.

Right to Consent to Disclosure

FERPA also gives parents and eligible students the right to consent to the disclosure of their education records. This means that the school can only release the records if it has received written consent from the student or parent. The school must also provide notice when it intends to disclose any education records.

Right to File Complaint With the U.S. Department of Education

Parents and eligible students also have the right to file a complaint with the U.S. Department of Education if they feel that their education records have been improperly disclosed. The complaint should include the details of the alleged violation, as well as any evidence that supports the complaint.

Who Is Covered Under FERPA?

FERPA applies to all educational institutions that receive federal funds. This includes all public and private, primary and secondary schools, as well as universities, vocational schools, and for-profit educational institutions. FERPA also applies to the following stakeholders that interact directly with educational institutions:

Eligible Students

FERPA applies to all students enrolled in a school that receives funds from the U.S. Department of Education. Eligible students are those who are currently enrolled and those who have graduated from the school.

Parents

FERPA also applies to parents and guardians. FERPA gives parents and guardians certain rights with regard to their children’s education records. Parents for example have the right to inspect and review their children’s education records, and can also request the amendment of any inaccurate or misleading information.

School Officials

FERPA also covers school officials, such as teachers, administrators, and other staff members, who have a legitimate educational interest in the student’s education records. School officials can access a student’s education records if they have a legitimate educational need to do so.

How to Comply With FERPA

Educational institutions are required to comply with FERPA and demonstrate compliance with the Department of Education. Here are some recommendations educational institutions should consider when planning for or pursuing FERPA compliance:

Keeping Student Information Secure

FERPA compliance requires schools to take certain steps to ensure that student information is properly safeguarded. A key component of FERPA compliance is to use appropriate security measures to protect student information from unauthorized access. This includes implementing data security protocols, such as encryption and authentication, and limiting access to student information to only those with a legitimate need.

Building a FERPA Compliance Plan

Schools should develop a comprehensive FERPA compliance plan that outlines the policies and procedures for safeguarding student information. The plan should include guidelines for collecting, storing, and securing student information, as well as procedures for responding to requests for access to student records.

Training Employees and Administrators

In addition to having a FERPA compliance plan in place, it’s important that all employees and administrators receive training on FERPA and the school’s compliance policies. Training should include a periodic review of the school’s policies, as well as an understanding of when and how student information can be released to third parties.

What Are the Penalties for Failing to Comply With FERPA?

FERPA violations can result in civil and criminal penalties, including fines of up to $11,000 and possible imprisonment. FERPA violations may also result in an institution’s loss of its ability to participate in federal student aid programs. Other consequences include the potential loss of accreditation and other forms of administrative or legal action.

Individual students or their parents may bring civil action against an educational agency or institution for a violation of their FERPA rights.

Importance of FERPA Compliance

FERPA compliance is important to ensure that student information is protected and that schools are adhering to the provisions of the law. FERPA compliance also helps to ensure that students’ education records are handled responsibly and that students’ privacy rights are respected. By taking the necessary steps to ensure compliance with FERPA, schools can help to ensure that student information remains safe and secure.

How Kiteworks Can Help You Become FERPA Compliant

Kiteworks can help educational institutions become compliant with FERPA by providing them with a secure platform and private communications system, as well as regular monitoring and maintenance practices. The Kiteworks Private Content Network unifies, tracks, controls, and secures every send and share of sensitive content like student personally identifiable information (PII) and protected health information (PHI), using powerful encryption, immutable audit logging, and secure hardware.

Educational institutions can also opt for single-tenant cloud hosting on an organization’s Infrastructure-as-a-Service (IaaS) resources, or hosted as a private single-tenant instance by Kiteworks in the cloud, providing ultimate assurance that no shared runtime, databases, repositories, or resources can be breached or attacked. Kiteworks can help educational institutions remain compliant with FERPA by providing them with a secure, customizable platform that adheres to the industry standard.

Educational institutions that need help protecting private data and ensuring compliance with FERPA can schedule a custom demo with Kiteworks today and learn about the Kiteworks Private Content Network.

 

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