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Also known as: Family Educational Rights and Privacy Act
A U.S. federal law protecting the privacy of student education records and governing their access and disclosure.
DESCRIPTION
FERPA grants parents and eligible students rights to access, amend, and control disclosure of education records at institutions receiving U.S. Department of Education funds. It defines directory information exceptions and requires consent for most disclosures. Compliance includes safeguarding records, training staff, and maintaining disclosure logs. Enforcement is overseen by the Student Privacy Policy Office. FERPA often intersects with HIPAA and state laws in education and healthcare contexts.
ALTERNATIVE DEFINITIONS
U.S. Department of Education
FERPA is a Federal law that protects the privacy of student education records.
Authoritative legal framing from the U.S. Department of Education.
Wikipedia
The Family Educational Rights and Privacy Act (FERPA) is a federal law in the United States that protects the privacy of student education records.
Concise encyclopedic summary including jurisdiction.
RELATED TERMS
COPPA HIPAA Data Minimization Student Information System Consent Management
COMPETING TERMS
KNOWLEDGE AREAS
Data Privacy & Compliance Data Governance
TARGET AUDIENCE
Data Privacy Officer Chief Information Security Officer Data Governance Manager IT Manager Chief Information Officer
EXTERNAL SOURCES
- Wikipedia - Family Educational Rights and Privacy Act
- Student Privacy Policy Office - Official FERPA overview and guidance
- Legal Information Institute - Regulatory text (34 CFR Part 99)
TOP QUESTIONS
Who does FERPA apply to?
FERPA applies to educational agencies and institutions that receive funds from the U.S. Department of Education. It covers both K–12 and postsecondary institutions.
Category: Scope
What rights does FERPA provide to parents and students?
It grants rights to access education records, request amendments, and control disclosure. Rights transfer to students at age 18 or when attending a postsecondary institution.
Category: Rights
What is directory information under FERPA?
Directory information is non-sensitive student data that can be disclosed unless opted out, such as name or attendance dates. Institutions must define and notify their directory fields.
Category: Definitions
How does FERPA interact with HIPAA?
In most school settings, FERPA governs student health records, not HIPAA. HIPAA may apply to non-education records or independent healthcare providers.
Category: Comparison
What are common FERPA compliance mistakes?
Sharing education records without consent, misclassifying directory information, and inadequate staff training are frequent issues.
Category: Mistakes
What is the enforcement mechanism for FERPA?
The Student Privacy Policy Office investigates complaints and can impose remedies, including potential withholding of federal funds for noncompliance.
Category: Enforcement
How does FERPA affect edtech vendors?
Vendors must ensure contracts and data processing meet FERPA requirements, including limits on redisclosure and appropriate security controls.
Category: Vendors
Is student consent always required to share records?
No. FERPA permits exceptions, such as sharing with school officials with legitimate interests or in health and safety emergencies.
Category: Exceptions
How should institutions document FERPA disclosures?
Maintain records of each request and disclosure, including parties who received personally identifiable information, unless exempted by regulation.
Category: Operations