FERPA Compliance

Table of Contents

Protect Student Privacy and Educational Records

Educational institutions serve as trusted custodians of some of the most sensitive personal information: student education records containing academic performance, disciplinary actions, financial aid details, health information, behavioral assessments, and personal identifying information. The Family Educational Rights and Privacy Act (FERPA), enacted in 1974 and amended multiple times, is the federal law protecting the privacy of student education records and granting specific rights to students and parents. FERPA applies to all educational agencies and institutions receiving federal funding from the U.S. Department of Education, encompassing virtually every public school district, public and private universities, community colleges, technical schools, and many private K-12 schools. These institutions collectively serve over 75 million students generating billions of education records annually. In today's digital education environment, FERPA compliance has become increasingly complex and critical. Schools utilize Learning Management Systems (LMS) storing assignments and grades, Student Information Systems (SIS) containing comprehensive student data, online assessment platforms tracking performance, cloud-based collaboration tools used by students and teachers, mobile apps for parent communication, third-party educational technology (EdTech) vendors processing student data, and remote learning platforms particularly accelerated by pandemic-driven digital transformation. Each technology touchpoint creates potential FERPA compliance risks if student records are not properly protected. FERPA violations can result in severe consequences including loss of federal funding (the ultimate enforcement mechanism affecting entire institutions), civil lawsuits from affected students and parents seeking damages, reputational damage undermining community trust and enrollment, operational disruptions from investigations and remediation, and personal liability for administrators and staff who knowingly violate FERPA. Beyond regulatory compliance, protecting student privacy is an ethical imperative. Students and families trust schools with deeply personal information. Breaches can expose vulnerable youth to identity theft, discrimination, embarrassment, and long-term harm. Proper FERPA compliance demonstrates institutional commitment to student welfare, responsible data stewardship, and educational excellence. At Glocert International, we provide expert FERPA compliance services helping educational institutions navigate complex privacy requirements while leveraging educational technology effectively. Whether you're a K-12 school district, university, community college, or educational service provider, our experienced team guides you through FERPA gap assessments, policy and procedure development, technology vendor reviews, staff training programs, data security implementation, incident response planning, and ongoing compliance monitoring. Partner with Glocert International to achieve FERPA compliance, protect student privacy, maintain federal funding eligibility, and build trust with students and families.

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, is a federal law protecting the privacy of student education records. FERPA applies to all schools receiving funds under applicable programs from the U.S. Department of Education, which includes nearly all public schools and most private educational institutions.

FERPA gives parents certain rights with respect to their children's education records, and these rights transfer to the student when they reach age 18 or attend a postsecondary institution at any age (eligible students). The law establishes requirements for access, disclosure, amendment, and protection of education records.

Core FERPA Principles

FERPA is built on several fundamental principles:

  • Access Rights: Parents and eligible students have the right to inspect and review education records maintained by the school
  • Amendment Rights: Parents and eligible students have the right to request corrections to records they believe are inaccurate, misleading, or in violation of privacy rights
  • Consent Requirement: Schools generally must obtain written consent before disclosing personally identifiable information (PII) from education records
  • Disclosure Limitations: Schools may disclose records without consent only under specific exceptions defined in the law
  • Annual Notification: Schools must annually notify parents and eligible students of their FERPA rights
  • Record Keeping: Schools must maintain records of certain disclosures and requests for access

What are Education Records?

FERPA defines "education records" broadly as records that are:

  • Directly related to a student, AND
  • Maintained by an educational agency or institution, or by a party acting for the agency or institution

Education records include a wide range of information in any medium (handwritten, print, computer files, video, audio, email, etc.) such as:

  • Academic Records: Transcripts, course grades, test scores, class schedules, class rosters
  • Personal Information: Name, address, parent names, date and place of birth, Social Security number
  • Attendance Records: Attendance logs, tardy records
  • Discipline Records: Behavioral referrals, suspension and expulsion records
  • Health Records: Immunization records maintained by the school, health office records
  • Special Education Records: IEPs, evaluation reports, eligibility determinations
  • Financial Records: Financial aid applications and awards, billing information, meal assistance status
  • Psychological Records: Counseling notes, psychological evaluations

What are NOT Education Records?

FERPA specifically excludes certain types of records:

  • Sole Possession Records: Private notes kept by school officials not shared with others (e.g., teacher's personal reminders)
  • Law Enforcement Unit Records: Records created and maintained by school law enforcement units for law enforcement purposes
  • Employment Records: Records related to individuals employed by the institution (not in student capacity)
  • Medical Treatment Records: Records created by physicians, psychiatrists, or other medical professionals used only for treatment (not held by educational institution)
  • Post-Attendance Records: Alumni records containing only information gathered after individual no longer attended

Who Must Comply with FERPA?

FERPA applies to educational agencies and institutions receiving federal funding under Department of Education programs:

  • Public Schools: K-12 school districts, charter schools, magnet schools
  • Private Schools: Private K-12 schools receiving federal funding (many do)
  • Postsecondary Institutions: Public and private colleges and universities
  • Community Colleges: Two-year institutions
  • Technical and Vocational Schools: Career and technical education institutions
  • Education Service Agencies: Regional education centers providing services to schools

Third-party service providers (EdTech vendors, contractors, consultants) working on behalf of schools may also be subject to FERPA requirements through their contracts, as schools cannot circumvent FERPA by outsourcing functions involving education records.

FERPA Enforcement

The U.S. Department of Education's Family Policy Compliance Office (FPCO) administers FERPA:

  • Complaint Investigation: FPCO investigates complaints alleging FERPA violations
  • Technical Assistance: FPCO provides guidance through model notices, FAQs, and advisory letters
  • Compliance Reviews: FPCO can conduct proactive compliance reviews
  • Corrective Action: FPCO works with institutions to achieve voluntary compliance
  • Funding Termination: For persistent non-compliance, FPCO can recommend withholding federal funds (rarely used but ultimate enforcement mechanism)

While FERPA does not provide for private right of action (individuals cannot sue institutions for FERPA violations in federal court), plaintiffs have successfully brought claims under state laws, Section 1983 civil rights claims, and tort claims arising from privacy violations.

Why FERPA Compliance Matters

FERPA compliance is critical for educational institutions for multiple compelling reasons:

1. Federal Funding Protection

The primary enforcement mechanism for FERPA is withholding of federal funds. Schools found to have a policy or practice of violating FERPA risk losing all federal education funding, which for many institutions represents substantial portions of budgets. Public K-12 schools receive federal funding through programs like Title I (supporting disadvantaged students), IDEA (special education), Title II (teacher quality), school lunch programs, and more. Postsecondary institutions receive federal financial aid (Pell Grants, student loans), research grants, TRIO programs, and other funding streams. Loss of federal funding would be catastrophic, potentially forcing school closures, mass layoffs, elimination of critical programs, and inability to serve vulnerable student populations. While complete funding cutoff is rarely implemented (FPCO typically seeks voluntary compliance), the threat provides powerful incentive for rigorous FERPA compliance. Schools cannot afford to risk their federal funding through non-compliance.

2. Student and Family Trust

Students and families entrust schools with deeply personal information expecting confidentiality and responsible stewardship. FERPA violations breach that trust with significant consequences: parents losing confidence in schools' ability to protect children, students reluctant to share information needed for support services, difficulty in parent-school partnerships essential for student success, negative word-of-mouth damaging school reputation in communities, enrollment declines as families choose perceived safer alternatives, and damaged relationships requiring years to rebuild. Educational institutions function on community trust. Strong FERPA compliance demonstrates respect for privacy, commitment to student welfare, and institutional integrity reinforcing trust essential for effective education.

3. Protection of Vulnerable Students

Education records contain information that, if improperly disclosed, can cause significant harm to students particularly vulnerable youth. Risks include exposure of disciplinary records stigmatizing students, disclosure of special education status leading to discrimination, revealing family situations (homelessness, foster care, abuse) compromising student safety, sharing mental health information causing embarrassment and isolation, exposing immigration status creating fear and targeting, releasing financial aid details highlighting socioeconomic status, and unauthorized access to contact information enabling predatory behavior. Adolescents are particularly vulnerable to reputation damage and social consequences from privacy breaches. FERPA compliance protects students during formative years ensuring information used to support education doesn't become source of harm.

4. Legal Liability and Litigation Risk

While FERPA itself does not provide private right of action, privacy violations can trigger legal action under other legal theories: State Privacy Laws: Many states have privacy statutes providing causes of action. Section 1983 Claims: Violations of constitutional due process rights. Tort Claims: Negligence, invasion of privacy, defamation. Contract Claims: Breach of implied or explicit privacy commitments. State Education Laws: State statutes may provide additional student privacy protections with enforcement mechanisms. Legal defense costs, settlements, and judgments can be substantial. Litigation is time-consuming and distracting for leadership. Public lawsuits generate negative publicity. Strong FERPA compliance reduces litigation risk protecting institutional resources and reputation.

5. Data Security and Breach Prevention

FERPA requires reasonable security measures protecting education records from unauthorized access. In today's environment, schools face significant cybersecurity threats: ransomware attacks encrypting student records and disrupting operations, phishing targeting staff to steal credentials, data breaches exposing student information, insider threats from employees misusing access, third-party vendor breaches compromising data shared with EdTech companies, and social engineering manipulating staff to release information. Education sector has become prime target—schools often have limited cybersecurity resources but maintain valuable databases. Strong FERPA compliance drives implementation of security controls including access controls and authentication, encryption of sensitive data, regular security assessments, vendor security due diligence, incident response capabilities, and staff security awareness. FERPA compliance and cybersecurity are interconnected—privacy protection requires security, and security supports compliance.

6. Educational Technology (EdTech) Risk Management

Schools increasingly rely on third-party EdTech vendors for Learning Management Systems, Student Information Systems, online assessment platforms, communication apps, cloud storage and collaboration tools, data analytics and reporting systems, and specialized instructional software. Each vendor relationship creates FERPA compliance challenges: vendors acting as "school officials" have access to education records, data shared with vendors must be protected under FERPA requirements, vendor security practices may be unknown or inadequate, vendors may use student data for purposes beyond educational services (analytics, advertising), contracts may not include adequate privacy protections, and vendor data breaches can expose student information. FERPA compliance requires careful vendor management including due diligence before adoption, contracts with strong privacy and security provisions, limitations on data use and disclosure, ongoing vendor monitoring, and data deletion upon contract termination. Proper EdTech governance enables schools to leverage beneficial technology while maintaining FERPA compliance and protecting student privacy.

7. Compliance with Related Laws and Standards

FERPA compliance supports compliance with related privacy and security requirements: State Student Privacy Laws: Many states have enacted student data privacy laws (e.g., California AB 1584, New York Education Law 2-d) with requirements beyond FERPA. FERPA compliance provides foundation for meeting additional state requirements. COPPA (Children's Online Privacy Protection Act): Applies to online services collecting information from children under 13. Schools using such services must ensure COPPA compliance, which overlaps with FERPA. Section 504 and IDEA: Special education laws with confidentiality provisions complementing FERPA. HIPAA: For health information in certain contexts (school-based health clinics). State Data Breach Notification Laws: Requiring notification of affected individuals and regulators following data breaches. Comprehensive FERPA program facilitates compliance across privacy and security regulatory landscape avoiding duplicate efforts and ensuring consistent data protection.

8. Operational Excellence and Institutional Reputation

Strong FERPA compliance reflects well-managed institution with professional operations, clear policies and procedures, trained and competent staff, commitment to best practices, and respect for stakeholder rights. This enhances institutional reputation with parents viewing school as trustworthy and professional, students feeling respected and protected, staff understanding expectations and responsibilities, community recognizing institutional quality, and accreditors and oversight bodies finding effective governance. Conversely, FERPA violations signal operational deficiencies suggesting broader management issues damaging reputation and stakeholder confidence. FERPA compliance is marker of institutional quality and professionalism.

Our FERPA Compliance Services

Glocert International provides comprehensive FERPA compliance services for educational institutions at all levels.

FERPA Readiness Assessment

We conduct comprehensive readiness assessments evaluating your institution's current FERPA compliance posture. Our assessment examines policies and procedures, records access controls and management, disclosure practices and documentation, annual notification processes, rights request handling, third-party vendor agreements and data sharing, data security measures, staff knowledge and training, and technology systems containing education records. We deliver detailed gap analysis identifying areas of non-compliance or risk with prioritized remediation recommendations tailored to your institutional context and resources.

Policy and Procedure Development

We help develop or update comprehensive FERPA policies and procedures including student records policy establishing access, disclosure, and amendment rights, annual rights notification to parents and students, records request procedures for access and copies, amendment request procedures with appeal processes, consent forms for disclosure with valid consent elements, directory information policy and opt-out procedures, disclosure tracking and record-keeping requirements, data retention and destruction policies, third-party vendor data sharing agreements, data breach response procedures, and staff training programs. Documentation is customized for your institution type (K-12 vs. postsecondary), institutional size and resources, state law requirements, and operational realities ensuring compliance while remaining practical and implementable.

EdTech Vendor Review and Contract Negotiation

We provide expert review of educational technology vendors and contracts ensuring FERPA compliance. Services include vendor privacy and security due diligence, data sharing impact assessments, contract review for FERPA-required provisions (school official designation, permitted uses, security requirements, prohibition on unauthorized disclosure, data breach notification, data deletion upon contract termination), negotiation support for privacy-protective contract terms, vendor questionnaire development and evaluation, and ongoing vendor compliance monitoring. We help institutions leverage educational technology while maintaining robust student privacy protection preventing vendors from becoming FERPA compliance vulnerabilities.

Data Security Assessment and Implementation

FERPA requires reasonable security measures protecting education records from unauthorized access. We assess current data security and help implement appropriate controls including access control (role-based access, least privilege, authentication), physical security for records storage areas, electronic security (encryption, firewalls, intrusion detection), secure data transmission, mobile device management for devices accessing student data, secure data disposal procedures, backup and recovery capabilities, and security awareness training for staff. Security measures are right-sized for educational institutions balancing protection with limited IT budgets and resources practical in school environments.

Staff Training and Awareness

FERPA compliance requires knowledgeable staff understanding their responsibilities. We provide comprehensive training programs including general FERPA training for all staff with access to student records, specialized training for registrars, counselors, special education staff, IT personnel handling student data systems, administrators managing FERPA compliance, faculty and teachers accessing student information in educational context, and third-party contractors with access to records. Training covers FERPA fundamentals, education record definition and examples, legitimate educational interest, disclosure rules and exceptions, consent requirements, responding to parent/student requests, directory information procedures, security best practices, and common FERPA violations to avoid. Training is delivered through in-person workshops, online modules, job aids and quick references, and annual refresher training maintaining ongoing awareness.

Records Management and Retention

We help establish compliant records management including education record inventory and classification, retention schedules by record type meeting state and federal requirements, secure storage systems physical and electronic, access logging for auditing and accountability, records request workflows, disclosure documentation and logging, amendment procedures for record correction, transfer protocols when students change schools, and secure disposal procedures preventing unauthorized reconstruction. Proper records management ensures institutions can fulfill FERPA access and disclosure obligations while maintaining security and operational efficiency.

Incident Response and Breach Management

We help institutions prepare for and respond to FERPA incidents including incident response plan development, breach assessment and containment, notification to affected students and families, reporting to authorities (if required under state breach laws), documentation for FPCO (if complained), remediation and corrective actions, and lessons learned and process improvement. Rapid, appropriate response to privacy incidents minimizes harm, demonstrates institutional accountability, and maintains stakeholder trust. Preparation enables effective response when incidents occur.

FPCO Complaint Support

If your institution receives a FERPA complaint filed with the Family Policy Compliance Office (FPCO), we provide expert support including complaint analysis and strategy development, evidence collection and documentation, response preparation to FPCO inquiries, corrective action planning, negotiation with FPCO for compliance resolution, and policy and procedure updates addressing identified issues. Our experience with FPCO processes and expectations helps institutions navigate investigations effectively achieving favorable outcomes while improving compliance.

Ongoing Compliance Monitoring and Support

FERPA compliance is ongoing commitment requiring sustained attention. We provide ongoing support including annual compliance assessments, policy updates for regulatory or operational changes, quarterly compliance checks and audits, advisory services for complex FERPA questions, regulatory monitoring for FPCO guidance and updates, vendor management support for new EdTech adoptions, refresher training programs, and compliance dashboard and metrics tracking institutional adherence. Sustained compliance requires embedding privacy protection into institutional culture and operations with regular assessment and continuous improvement.

Key FERPA Requirements

FERPA establishes comprehensive requirements educational institutions must meet:

Annual Notification of Rights

Schools must annually notify parents (for minor students) and eligible students (18+ or attending postsecondary) of their FERPA rights. Notification must inform them of: right to inspect and review education records, right to request amendment of inaccurate records, right to consent to disclosure of PII (except as permitted without consent), right to file complaints with FPCO, and procedures for exercising these rights. Notification can be through various means: student handbook, school website, parent newsletter, class schedule, or newspaper. Schools must make reasonable effort to notify in primary language of parents if large population speaks language other than English.

Right to Inspect and Review Records

Parents and eligible students have right to inspect and review education records maintained by school. Schools must comply with request within 45 days (many schools respond faster as best practice). Schools must provide access to: All education records directly related to student maintained by school or acting for school. Explanations and interpretations of records if requested. Copies of records if failure to provide would prevent exercise of right (distance, work schedule, disability). Schools may charge reasonable copying fee (not search or retrieval). Right does not extend to records excluded from FERPA (sole possession records, law enforcement records, employment records, medical treatment records, post-attendance records).

Right to Request Amendment

Parents and eligible students may request school amend records believed to be inaccurate, misleading, or in violation of student privacy rights. Schools must decide whether to amend within reasonable time. If school decides not to amend, it must inform parent/student of decision and right to hearing. At hearing, parent/student has opportunity to present evidence regarding contested record. After hearing, school issues written decision. If school still refuses amendment, parent/student has right to place statement with record expressing disagreement. Statement must be maintained with contested record and disclosed whenever record disclosed. Note: Right to request amendment concerns accuracy, not grades or substantive educational decisions (unless based on inaccurate data). FERPA does not provide mechanism to challenge appropriateness of grades or disciplinary decisions—only accuracy of records.

Consent for Disclosure

Schools generally must obtain written consent before disclosing PII from education records. Valid consent must: Specify records to be disclosed, State purpose of disclosure, Identify party or class of parties to whom disclosure made, Be signed and dated. Parent or eligible student may request copy of disclosed records. Schools must provide copy if requested. Consent requirement protects against unauthorized disclosure ensuring parents/students control who accesses sensitive information.

Exceptions Permitting Disclosure Without Consent

FERPA permits disclosure without consent under specific exceptions including: School Officials with Legitimate Educational Interest: Internal access for educators, administrators with need to know. Other Schools: Student transferring or seeking to enroll (reasonable attempt to notify parent/student). Authorized Representatives: Auditors, researchers, evaluation purposes for school. Financial Aid: In connection with student's application or receipt. Organizations Conducting Studies: Research, testing, student aid program evaluation (under contract with protections). Accrediting Organizations: For accreditation functions. Compliance with Judicial Order/Subpoena: With reasonable attempt to notify (exceptions for grand jury, law enforcement subpoenas). Health and Safety Emergencies: To protect health or safety of student or others (limited to time period of emergency). State and Local Authorities: Within juvenile justice system under state law. Directory Information: Information not generally harmful if disclosed (requires annual notice and opt-out opportunity). Alleged Victims of Crimes of Violence: Results of disciplinary proceedings to alleged victim. Parent of Dependent Student: Postsecondary institution may disclose to parent of dependent student (for tax purposes). Legal Age for Alcohol: Postsecondary institution may disclose to parent regarding alcohol or drug violation by student under 21. Schools must carefully evaluate exceptions—disclosure must fit within specific exception criteria. When uncertain, obtain consent.

Record of Disclosures

Schools must maintain record of each disclosure of PII for each student (with exceptions: disclosures to school officials, directory information, disclosure pursuant to consent if school maintains consent with record, disclosures to parent/student themselves). Record must include: Party to whom disclosure made, Legitimate interest party had in requesting or obtaining information. Record of disclosures must be maintained with education records. Parent and eligible student have right to inspect record of disclosures. Record keeping enables transparency and accountability preventing unauthorized access going unnoticed.

Directory Information

Schools may designate certain information as "directory information" which can be disclosed without consent (unless parent/student opts out). Typical directory information includes: Student name, address, telephone listing, email address, photograph, date and place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in recognized activities/sports, weight and height of athletic team members, degrees, honors and awards, most recent school attended. Schools may disclose directory information only if: Annual notice identifies information considered directory, Provides reasonable time to opt out, And parent/student does not opt out. Directory information allows schools to disclose routine information (honor roll, graduation programs, sports rosters) without individual consent. Parents concerned about privacy (e.g., domestic violence situations, protective orders) can opt out preventing disclosure.

School Officials and Legitimate Educational Interest

Critical exception permitting internal access: "school official" with "legitimate educational interest" may access education records without consent. School Official: Person employed by school (teacher, administrator, counselor, staff), school board member, person/entity with whom school contracted or engaged (attorney, auditor, medical consultant, therapist, EdTech vendor acting as school official). Legitimate Educational Interest: Official needs to access records to fulfill professional responsibilities related to student's education, health/safety, or discipline. Schools must define "school official" and "legitimate educational interest" in annual FERPA notice. Institutions should implement access controls ensuring only authorized officials access records for legitimate purposes using principle of least privilege (access only to records needed for specific role/function). EdTech vendors must be under "direct control" of school regarding use and maintenance of education records to qualify as school officials.

Reasonable Security Measures

While FERPA does not specify technical security requirements, it requires institutions maintain education records to prevent unauthorized access, disclosure, or destruction. Reasonable security includes: Physical Security: Locked file cabinets and storage rooms, restricted access to areas where records stored, visitor controls and sign-in, secure disposal (shredding). Electronic Security: User authentication (passwords, multi-factor for sensitive systems), access controls and permissions, encryption for sensitive data at rest and in transit, firewalls and network security, antivirus and malware protection, regular security updates and patching, audit logs and monitoring, secure backups. Administrative Security: Security policies and procedures, staff training on security, background checks for personnel with access, confidentiality agreements, incident response procedures, vendor security requirements in contracts. "Reasonable" security scaled to institution's size, resources, technology, and threats faced. Small K-12 school not expected to have enterprise security of major university, but must implement appropriate controls given context.

Student and Parent Rights Under FERPA

FERPA grants specific rights to parents (for minor students) and eligible students (age 18+ or attending postsecondary institution):

The Right to Inspect and Review

Parents and eligible students have right to inspect and review education records maintained by school. School must comply within 45 days of request. School must provide access to all education records directly related to student. Explanations and interpretations must be provided if requested. Copies must be provided if failure to do so would effectively prevent exercise of right.

The Right to Request Amendment

Parents and eligible students may request amendment of records believed inaccurate, misleading, or violative of privacy rights. School must decide whether to amend within reasonable time. If school refuses, parent/student entitled to hearing. After hearing, school issues decision. If school still refuses amendment, parent/student may place statement of disagreement with record.

The Right to Consent to Disclosure

Parents and eligible students generally have right to provide or withhold consent for disclosure of PII from education records. Consent must be written, signed, dated, specify records disclosed, state purpose, identify recipients. Exceptions allow disclosure without consent in specific circumstances, but general principle is parent/student control disclosure.

The Right to File a Complaint

Parents and eligible students have right to file complaint with U.S. Department of Education's Family Policy Compliance Office (FPCO) if they believe school violated FERPA. Complaints must be filed within 180 days of alleged violation or date complainant knew or reasonably should have known of violation. FPCO investigates and works with institutions to achieve compliance. Contact information for FPCO must be included in annual FERPA notice.

Transfer of Rights at Age 18

FERPA rights transfer from parents to student when student turns 18 or attends postsecondary institution at any age. After transfer, parent has no inherent right to access student records without student's consent (exceptions: postsecondary institution may disclose to parent of dependent student for tax purposes, or regarding alcohol/drug violations for student under 21). At K-12 level, even after student turns 18, parents may continue to access records if student still dependent for tax purposes. At postsecondary level, schools should obtain consent from student before disclosing to parents except as allowed under exceptions.

Benefits of FERPA Compliance:

Federal Funding Protection

Maintains eligibility for federal education funding essential to institutional operations and student services.

Student & Family Trust

Builds confidence that institution protects sensitive educational information and respects privacy rights.

Legal Protection

Reduces litigation risk from privacy violations while demonstrating due diligence in student data protection.

Institutional Reputation

Enhances reputation as professionally managed institution committed to student welfare and best practices.

FERPA Compliance Services Pricing

Our FERPA services pricing is transparent and based on your institution type, size, student population, and current compliance maturity. We offer competitive rates with no hidden fees.

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Get a personalized estimate based on your educational institution's specific FERPA compliance needs.

Contact Us for Pricing

What's Included in FERPA Pricing:

  • Comprehensive FERPA readiness assessment
  • Review of current policies and procedures
  • Detailed gap analysis and compliance report
  • Policy and procedure development/updates
  • Annual FERPA notice preparation
  • Student records access and disclosure procedures
  • EdTech vendor agreement review
  • Data security assessment and recommendations
  • Staff training programs (in-person or online)
  • Records management guidance
  • Incident response planning
  • Implementation support and guidance
  • Ongoing compliance consulting

Note: FERPA services pricing varies based on institution type (K-12 school, school district, postsecondary institution), student population size, number of staff requiring training, complexity of technology environment and EdTech vendors, number of locations/campuses, current compliance maturity level, whether seeking initial compliance or ongoing support, and scope of services needed. Contact us for a detailed, no-obligation quote tailored to your educational institution's specific needs.

Frequently Asked Questions (FAQ)

Find answers to common questions about FERPA compliance:

What is FERPA and who does it apply to? ▼

FERPA (Family Educational Rights and Privacy Act) is federal law protecting privacy of student education records. Applies to all educational agencies and institutions receiving federal funding from U.S. Department of Education including public K-12 school districts, public and private colleges and universities, community colleges, technical and vocational schools, charter schools, private schools receiving federal funds. Covers virtually all U.S. educational institutions. FERPA grants parents (for minor students) and eligible students (18+ or attending postsecondary) specific rights including inspecting/reviewing records, requesting amendment of inaccurate records, controlling disclosure of personally identifiable information, and filing complaints with FPCO. Schools must provide annual notice of FERPA rights, obtain consent before most disclosures, maintain disclosure records, and implement reasonable security. Third-party service providers working for schools may be subject to FERPA through contracts. Enforcement through Department of Education's Family Policy Compliance Office with ultimate penalty of federal funding termination.

What are education records under FERPA? ▼

Education records are records directly related to student maintained by educational institution or party acting for institution in any medium (paper, digital, audio, video, email). Include academic records (transcripts, grades, test scores), personal information (name, address, SSN, date of birth), attendance records, discipline records, health records maintained by school, special education records (IEPs, evaluations), financial aid records, counseling notes, class schedules and rosters. NOT education records: Sole possession records (teacher's private notes not shared), law enforcement unit records created for law enforcement purposes, employment records of individuals employed by school, medical treatment records created by medical professionals for treatment only, post-attendance records (alumni records). Broad definition means most school-maintained information about identifiable students is protected education record requiring FERPA compliance for access and disclosure.

When can schools disclose records without consent? ▼

FERPA requires written consent for most disclosures but permits disclosure without consent under specific exceptions: School officials with legitimate educational interest (internal access by educators/administrators with need to know), Other schools where student transferring/enrolling (with reasonable notice attempt), Authorized representatives for audit/evaluation, Financial aid purposes, Organizations conducting studies for school (under restrictive contract), Accrediting organizations, Judicial order/subpoena (with notice attempt except grand jury/law enforcement subpoenas), Health and safety emergencies (to protect student or others), Juvenile justice authorities under state law, Directory information (if school designates, provides notice, allows opt-out, and parent/student hasn't opted out), Victim of crime of violence (disciplinary results to alleged victim), Parent of dependent student at postsecondary, Parent regarding alcohol/drug violation by student under 21 at postsecondary. Schools must carefully evaluate whether disclosure fits specific exception—when uncertain, obtain consent. Most disclosures must be recorded.

What is directory information? ▼

Directory information is information not generally considered harmful if disclosed. Schools may disclose directory information without consent if proper notice provided and parent/student given opportunity to opt out. Typical directory information includes student name, address, phone, email, photo, date/place of birth, major field of study, grade level, enrollment status, dates of attendance, participation in activities/sports, weight/height of athletes, degrees/honors/awards, most recent previous school. School determines what information designated as directory (must be specified in annual FERPA notice). Parents/students must be given reasonable opportunity to opt out (request school not disclose directory information about them). If parent/student opts out, school cannot disclose designated directory information without consent. Directory information allows schools to publish honor rolls, graduation programs, sports rosters, yearbooks, playbills without individual consent. Parents concerned about privacy (domestic violence, stalking, protective orders) should opt out. Schools must respect opt-outs consistently across all directory information uses.

How should schools handle EdTech vendors? ▼

Educational technology vendors with access to student data create FERPA compliance risks requiring careful management: School Official Exception: Vendors may qualify as "school officials" with legitimate educational interest if under direct control of school regarding use and maintenance of education records. Allows access without parent consent but requires contract provisions. Required Contract Terms: Designation as school official, specification of permitted uses (only for educational purposes benefiting school), prohibition on unauthorized disclosure or use, data security requirements, data breach notification obligations, prohibition on data mining or use for advertising, data deletion upon contract termination, audit rights for school. Due Diligence: Evaluate vendor privacy and security practices before adoption, review privacy policies and terms of service, assess data practices and protections, check for certifications (e.g., privacy pledges), obtain references from other schools. Ongoing Monitoring: Periodic vendor assessments, review of vendor audit reports, monitoring for security incidents, evaluation of compliance with contract terms. Data Minimization: Share only data necessary for vendor to provide services. Minimize PII disclosed. Schools remain responsible for vendor's FERPA compliance—cannot circumvent FERPA by outsourcing.

What happens when students turn 18? ▼

FERPA rights transfer from parents to student when student reaches age 18 or attends postsecondary institution at any age (becomes "eligible student"). After transfer: Student controls access: School must obtain consent from student (not parent) for most disclosures. Student has right to inspect/review records and request amendment. Parent access limited: Parent has no inherent FERPA right to access student records without student consent. Exceptions allowing disclosure to parents: Postsecondary institution may (not required) disclose to parent of dependent student (for federal tax purposes) without student consent. Postsecondary may disclose to parent regarding alcohol or drug violation by student under 21. Health and safety emergency. K-12 context: Even after student turns 18, if still attending K-12 school, parent may retain access rights if student is dependent (but student also has rights—both have rights during overlap period). Best practices: At age 17, educate students about rights transferring at 18. Provide FERPA notice to students turning 18. Implement processes requiring student consent for parent access after 18. At postsecondary, develop clear policies about parent access with guidance for staff. Many 18-year-olds wish to allow parent access—obtain consent forms facilitating this while respecting FERPA.

What security measures does FERPA require? ▼

FERPA requires educational institutions implement reasonable measures protecting education records from unauthorized access, disclosure, and destruction. While FERPA doesn't specify technical requirements, reasonable security includes: Physical: Locked storage for paper records, restricted access to areas with records, visitor controls, secure disposal (shredding). Electronic: User authentication (passwords, multi-factor for sensitive systems), role-based access controls (least privilege), encryption of sensitive data at rest and in transit, firewalls and network security, antivirus/malware protection, regular security updates and patching, audit logs and access monitoring, secure backups and disaster recovery. Administrative: Security policies and procedures, staff training on security and FERPA, background checks for personnel with access, confidentiality agreements, incident response plan, vendor security requirements in contracts. Access Controls: Limit access to legitimate educational interest, authentication for system access, session timeouts, separation of duties. "Reasonable" scaled to institution's resources, size, technology, and threat environment—small rural school not expected to match large university, but must implement appropriate controls for their context. Security increasingly critical as education moves digital with cloud services, mobile devices, and EdTech vendors expanding attack surface.

How should schools respond to data breaches? ▼

Data breach response for educational institutions: Immediate Actions: Contain breach (stop unauthorized access, secure systems), assess scope (what data, how many students, how occurred), document incident, activate incident response team. Investigation: Determine cause and extent, identify affected individuals, assess risk of harm. FERPA Considerations: While FERPA doesn't have specific breach notification requirement, unauthorized disclosure violates FERPA. Document breach as disclosure. FPCO may investigate if complained. State Law Notification: Most states have data breach notification laws requiring notification to affected individuals and sometimes state attorney general or other authorities. Check applicable state requirements (may differ from FERPA). Timely notification typically required (e.g., without unreasonable delay, within 30-60 days). Notification Contents: What happened, what data involved, date/date range, steps taken to investigate and secure, resources for affected individuals (credit monitoring if financial data), contact information for questions. Remediation: Implement corrective measures preventing recurrence, update security controls and policies, provide additional staff training, review vendor management if vendor breach. Documentation: Maintain records for FPCO review if complaint filed. Preparation critical—have incident response plan before breach occurs enabling rapid, effective response minimizing harm and regulatory exposure.

What are consequences of FERPA violations? ▼

FERPA violations can result in serious consequences: Federal Funding Loss: Ultimate FERPA enforcement mechanism—Department of Education may withhold federal funds from institutions with policy or practice of FERPA violations. While complete cutoff rarely implemented (FPCO typically seeks voluntary compliance), even threat is powerful given schools' dependence on federal funding for Title I, special education, financial aid, lunch programs, etc. FPCO Investigation: Complaints trigger investigation by Family Policy Compliance Office. School must respond to inquiries, provide documentation, implement corrective actions if violation found. Time-consuming and resource-intensive. Legal Liability: While FERPA doesn't provide private right of action, privacy violations can trigger lawsuits under state privacy laws, Section 1983 civil rights claims, tort claims (negligence, invasion of privacy), contract claims, state education laws. Legal defense and settlements costly. Reputational Damage: FERPA violations and data breaches generate negative publicity, undermine parent and community trust, damage institutional reputation, affect enrollment. Operational Disruption: Investigations and remediation distract leadership, consume staff time, divert resources from educational mission. Individual Accountability: Administrators, teachers, and staff who knowingly violate FERPA may face employment consequences. Proactive compliance far preferable to dealing with violation consequences.

How can Glocert help with FERPA compliance? ▼

Glocert International provides comprehensive FERPA compliance services: Readiness assessment evaluating current compliance with detailed gap analysis; Policy and procedure development creating compliant student records policies, annual notices, consent forms, request procedures; EdTech vendor review assessing vendors and negotiating privacy-protective contracts; Data security assessment evaluating security measures with implementation guidance; Staff training programs educating administrators, teachers, IT staff, contractors on FERPA responsibilities; Records management establishing compliant access, disclosure, retention, and disposal procedures; Incident response planning preparing for and responding to privacy incidents and breaches; FPCO complaint support assisting with investigations and corrective actions; Ongoing compliance monitoring with annual assessments and advisory support. Our team brings educational privacy expertise, experience with K-12 and postsecondary institutions, knowledge of FERPA requirements and FPCO expectations, practical implementation guidance for resource-constrained schools, understanding of EdTech landscape and vendors. We've supported public school districts, private schools, universities, community colleges, and educational service providers achieving and maintaining FERPA compliance protecting student privacy while enabling effective use of educational technology.

Why Choose Glocert for FERPA Compliance?

Educational Privacy Expertise

Glocert International specializes in educational data privacy and FERPA compliance, bringing deep expertise in student privacy laws and regulations, K-12 and postsecondary education environments, educational technology landscape and vendors, student information systems and data flows, school operations and administrative processes, and balancing privacy protection with educational needs. We understand both legal requirements and educational realities including limited IT budgets, small privacy staff, competing priorities, and need to leverage technology for learning outcomes. Our experience ensures implementations protect student privacy while supporting educational excellence.

FERPA Regulatory Knowledge

Our team has specific expertise in FERPA statute and regulations (34 CFR Part 99), Family Policy Compliance Office (FPCO) guidance and advisory letters, FERPA case law and enforcement actions, state student privacy laws complementing FERPA, related privacy requirements (COPPA, PPRA, state breach laws), and educational data privacy best practices. We stay current with FPCO guidance, emerging privacy issues in education, and evolving EdTech landscape ensuring our clients meet requirements and address emerging risks. Our regulatory knowledge helps navigate complex compliance landscape efficiently anticipating FPCO expectations positioning institutions for successful compliance.

Comprehensive Service Portfolio

Glocert offers complete FERPA services including readiness assessments and gap analysis, policy and procedure development, EdTech vendor review and contract negotiation, data security assessment and implementation, staff training programs (in-person and online), records management and retention, incident response and breach management, FPCO complaint support, ongoing compliance monitoring and advisory services. We also provide ISO 27001 certification, cybersecurity assessments, penetration testing, and other privacy and security services enabling comprehensive data protection programs for educational institutions.

Practical, Education-Focused Approach

We understand educational institutions operate with constrained resources serving diverse student populations and communities. Our approach emphasizes practical, implementable solutions balancing privacy and educational mission, minimal disruption to teaching and learning, risk-based prioritization protecting most sensitive data first, cost-effective compliance maximizing limited budgets, leveraging technology for education while managing privacy risks, sustainable compliance integrated into daily operations, and staff education building privacy awareness culture. We partner with educators to build privacy programs protecting students while supporting innovation and excellence in education.

Related Services

Educational institutions often need complementary services. Glocert International also provides COPPA compliance for online services for children, CCPA/CPRA compliance for California institutions, ISO 27001 certification for information security management, cybersecurity assessments and penetration testing, data breach response and notification, and privacy program development. We coordinate multiple engagements for comprehensive privacy and security efficiently addressing FERPA alongside other requirements educational institutions face.

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