FERPA and Student Privacy: What School Districts Need to Know
Posted January 25, 2025
In an age where data privacy is more critical than ever, school districts must be vigilant in protecting the personal information of their students. The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to safeguard student education records and ensure that families have access to their children’s educational information. For school districts, understanding FERPA’s provisions and compliance requirements is essential to maintain student privacy and avoid legal pitfalls.
In this blog, we will explore the key aspects of FERPA, the rights it grants to parents and students, and the implications for school districts in New Jersey and beyond.
Overview of FERPA
FERPA was enacted in 1974 and applies to all schools that receive funding from the U.S. Department of Education. The primary objectives of FERPA are to:
- Protect the privacy of student education records.
- Grant parents and eligible students (students who are 18 years old or older) the right to access and review their educational records.
- Allow parents and students to request amendments to records they believe are inaccurate or misleading.
- Establish guidelines for the appropriate disclosure of student information.
Key Definitions
- Education Records: These include records that are directly related to a student and maintained by the school or a party acting on behalf of the school. This encompasses grades, transcripts, class schedules, disciplinary records, and any other information that can identify a student.
- Directory Information: FERPA allows schools to designate certain information as “directory information,” which can be disclosed without consent. This can include a student’s name, address, telephone number, date of birth, and honors received. However, schools must notify parents and students about what constitutes directory information and allow them to opt-out of its disclosure.
Rights Granted to Parents and Students
FERPA grants several rights to parents and eligible students concerning educational records:
- Right to Access: Parents and eligible students have the right to inspect and review the student’s education records maintained by the school. Schools must respond to requests within 45 days.
- Right to Request Amendment: If parents or eligible students believe that a record is inaccurate or misleading, they can request that the school amend the record. If the school refuses, they must inform the requester of the right to a hearing.
- Right to Consent to Disclosures: Schools generally must obtain written consent from parents or eligible students before disclosing personally identifiable information (PII) from education records. There are exceptions, such as disclosures to school officials with legitimate educational interests, other schools for enrollment, or certain federal and state authorities.
Best Practices for Access Requests
- Establish clear procedures for handling requests for access to educational records. Train staff to respond promptly and professionally.
- Maintain an organized system for tracking and updating education records to ensure accurate and timely responses to requests.
Disclosure of Student Information
FERPA sets strict guidelines regarding the disclosure of education records. While schools can share information under certain conditions, they must remain compliant with FERPA’s provisions to avoid legal repercussions.
Permitted Disclosures Without Consent
- School Officials: Schools can disclose information to school officials with legitimate educational interests without consent.
- Other Schools: Schools may disclose records to other institutions where the student seeks to enroll.
- Health and Safety Emergencies: In certain situations, such as health and safety emergencies, schools can disclose information without consent to protect the student or others.
- Judicial Orders or Subpoenas: Schools may comply with judicial orders or subpoenas for educational records.
Directory Information Considerations
- Clearly define what constitutes directory information and notify parents and eligible students of their right to opt-out.
- Maintain updated records of parents’ opt-out requests to prevent unauthorized disclosures.
Compliance Challenges for School Districts
While FERPA aims to protect student privacy, school districts may face several compliance challenges, including:
A. Understanding What Constitutes an Education Record
School staff may not always recognize what qualifies as an education record under FERPA. For instance, informal notes made by teachers that are not shared with others may not fall under FERPA, but records kept in any form that relate to a student’s education typically do.
B. Maintaining Accurate and Up-to-Date Records
School districts must have processes in place to regularly review and update education records. This includes ensuring that outdated or inaccurate information is corrected and that access requests are handled promptly.
C. Staff Training and Awareness
Many compliance issues arise from a lack of understanding among school staff about FERPA requirements. Ongoing training for all staff—teachers, administrators, and support personnel—is essential to foster awareness and compliance.
D. Security of Records
With the rise of digital records, ensuring the security of electronic education records is paramount. Schools must implement adequate cybersecurity measures to prevent unauthorized access to sensitive information.
Best Practices for FERPA Compliance
To ensure compliance with FERPA and protect student privacy, school districts can adopt the following best practices:
A. Develop Comprehensive Policies and Procedures
- Create clear policies regarding the handling of education records, including guidelines for access requests, disclosures, and amendments.
- Ensure that these policies are communicated to all staff, students, and parents.
B. Regular Training for Staff
- Conduct regular training sessions for all school personnel on FERPA requirements, including how to handle education records and respond to access requests.
- Provide resources and materials to help staff stay informed about their responsibilities under FERPA.
C. Maintain an Organized Record System
- Implement an efficient system for managing education records, ensuring that they are easily accessible for authorized personnel while maintaining security.
- Regularly audit records to ensure they are accurate and up-to-date.
D. Establish a Designated FERPA Officer
Appoint a designated FERPA officer or compliance coordinator to oversee privacy matters within the district, serve as a point of contact for questions, and lead training initiatives.
Conclusion
FERPA plays a crucial role in safeguarding student privacy in New Jersey and across the United States. For school districts, understanding and complying with FERPA’s requirements is not just a legal obligation; it is also essential for building trust with students and families.
By implementing best practices, such as developing clear policies, conducting regular staff training, and maintaining organized records, school districts can effectively protect student information and foster a culture of privacy and respect within their educational communities.
In a world increasingly driven by data, prioritizing student privacy not only fulfills legal requirements but also underscores the commitment of school districts to the well-being and trust of their students and families.
About the Author
Sandra Graise is the founder and host of “Legally Brewed” and a dedicated attorney with experience in litigation, personal injury, municipal law, and educational legal services. A member of esteemed legal associations, Sandra’s journey began at Rutgers University, New Brunswick, where she earned dual undergraduate degrees before excelling at Drexel University, Thomas R. Kline School of Law. When not practicing law, Sandra enjoys spending quality time with her husband, their three dogs, and a close circle of friends.
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