The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects students’ educational records. Schools that fail to comply with FERPA risk legal consequences, financial penalties, and reputational damage. Compliance is essential to safeguard student privacy and maintain trust between educational institutions, students, and parents.
This topic explores the requirements of FERPA, what happens when schools violate the law, and how institutions can ensure compliance to avoid penalties.
1. What Is FERPA?
A. Understanding FERPA
FERPA is a U.S. federal law enacted in 1974 that protects the privacy of student education records. It applies to all schools, colleges, and universities that receive funding from the U.S. Department of Education.
B. Key Provisions of FERPA
FERPA gives parents and eligible students (age 18 or older) certain rights, including:
- The right to access educational records.
- The right to request corrections if records are inaccurate.
- The right to consent before disclosing information (except in specific circumstances).
2. What Happens When a School Fails to Comply?
A. Legal Consequences
Schools that violate FERPA may face investigations and penalties from the Family Policy Compliance Office (FPCO). Non-compliance can lead to:
- Official warnings and corrective action plans.
- Loss of federal funding, which can significantly impact a school’s budget.
- Legal actions, including lawsuits from parents and students.
B. Financial Penalties
While FERPA does not impose direct monetary fines, failure to comply can lead to:
- Lawsuits from affected families, leading to settlement costs.
- Loss of federal grants and funding, which can affect school operations.
C. Reputational Damage
Non-compliance can damage a school’s reputation and credibility, leading to:
- Loss of student trust and declining enrollment.
- Negative media attention affecting staff and administration.
- Difficulty securing funding and partnerships from government or private organizations.
3. Common FERPA Violations in Schools
A. Unauthorized Disclosure of Student Records
One of the most common FERPA violations is the release of student information without consent. Examples include:
- Sharing grades or disciplinary records with unauthorized parties.
- Discussing a student’s performance without proper authorization.
- Posting student information publicly without consent.
B. Failure to Provide Access to Records
Schools must allow parents or eligible students to review and request corrections to records. Violations include:
- Denying or delaying access to student records.
- Refusing to make requested corrections.
C. Improper Handling of Directory Information
FERPA allows schools to release directory information (e.g., names, addresses, phone numbers) unless a parent opts out. Violations include:
- Failing to notify parents and students about opt-out rights.
- Sharing directory information without proper disclosure policies.
D. Lack of Employee Training on FERPA Compliance
Many FERPA violations occur due to staff and faculty not understanding the law. Schools that fail to train employees properly risk accidental disclosures and non-compliance issues.
4. Notable Cases of FERPA Violations
A. University Data Breaches
Several universities have experienced data breaches, exposing sensitive student information. In these cases, schools faced:
- Federal investigations into their security policies.
- Class-action lawsuits from students affected by the breach.
- Policy changes and stricter compliance measures.
B. Schools Sharing Student Records Without Consent
Cases have been reported where schools shared student disciplinary records with law enforcement without proper consent. Such violations led to:
- Legal complaints from parents.
- Federal intervention to enforce compliance.
5. How Schools Can Ensure FERPA Compliance
A. Implementing Strong Privacy Policies
Schools should establish clear policies on:
- Who has access to student records.
- How information is stored and shared.
- Security measures to protect data from breaches.
B. Training Staff and Faculty
Regular training ensures that teachers, administrators, and staff understand FERPA regulations. Training should cover:
- When and how to share student information legally.
- Procedures for handling student record requests.
- Security measures to prevent unauthorized access.
C. Notifying Parents and Students About Their Rights
Schools must inform parents and eligible students about:
- Their right to access records.
- Opt-out options for directory information.
- How to file complaints if FERPA rights are violated.
D. Using Secure Technology for Student Data
Schools should use encrypted databases and secure communication channels to store and share student records. Best practices include:
- Limiting access to sensitive data.
- Regularly updating security software.
- Monitoring access logs to detect unauthorized use.
6. What to Do If a School Violates FERPA
A. Filing a Complaint with the U.S. Department of Education
If a school fails to comply, students or parents can file a complaint with the Family Policy Compliance Office (FPCO). Steps include:
- Gather evidence of the violation.
- Submit a formal complaint within 180 days of the incident.
- Cooperate with the investigation process.
B. Seeking Legal Action
In cases of serious violations, affected parties can seek legal representation to file a lawsuit. Legal actions may include:
- Claims for damages caused by the violation.
- Requests for corrective action from the school.
C. Contacting School Administration
Before filing a formal complaint, students and parents should:
- Discuss concerns with school officials to seek resolution.
- Request written policies on how records are handled.
- Ensure that corrective measures are taken if violations occurred.
Schools that fail to comply with FERPA risk legal, financial, and reputational consequences. Ensuring compliance is essential to protect student privacy and maintain trust between educational institutions, students, and parents.
By implementing strong policies, training staff, and using secure technology, schools can prevent FERPA violations and avoid penalties. If a violation occurs, affected individuals have the right to file complaints and seek corrective action.
FERPA compliance is not just a legal requirement—it is a fundamental responsibility of schools to ensure student data remains protected and confidential.