FERPA

About FERPA

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It grants parents certain rights regarding their children's educational information and transfers these rights to students when they reach 18 years of age or attend postsecondary institutions.

Educational institutions must obtain written permission from parents or eligible students before disclosing personal information from education records, with certain exceptions for legitimate educational interests. FERPA requires schools to implement reasonable security measures to protect student data, though it does not prescribe specific technological standards, instead focusing on administrative policies and practices to maintain confidentiality.

FERPA compliance steps

Understand FERPA's scope by identifying what constitutes education records at your institution. These include records directly related to students containing personally identifiable information, maintained by the educational agency or institution.

Establish written security policies that specify how you protect education records from unauthorized access. Policies should address physical security, electronic safeguards, and procedural controls appropriate to your institution's size and resources.

Implement access controls by restricting record access to school officials with legitimate educational interests. Maintain and regularly update a system that grants appropriate permissions based on role and need.

Train all faculty and staff who handle student records on FERPA requirements and your institution's specific policies. Conduct regular refresher training and document attendance to demonstrate compliance efforts.

Secure physical records by storing them in locked filing cabinets within secured areas. Implement check-out procedures and maintain access logs for sensitive physical documents.

Protect electronic records with appropriate technical safeguards including encryption, password protection, and secure authentication methods. Implement firewalls and intrusion detection systems proportional to your technical infrastructure.

Create a breach response plan detailing steps to take if education records are compromised. Include notification procedures, containment strategies, and documentation requirements.

Obtain written consent before disclosing personally identifiable information from student records, except where FERPA allows for disclosure without consent. Maintain these consent forms as part of your records management system.

Document compliance efforts by maintaining records of all security measures, training sessions, access grants, and consent forms. This documentation serves as evidence of good-faith compliance during audits or investigations.

Regularly review and update security practices by conducting periodic risk assessments and addressing new threats or vulnerabilities. FERPA compliance requires ongoing vigilance rather than one-time implementation.

Educational institutions often struggle with implementing FERPA security standards due to the comprehensive nature of compliance requirements. Identifying the full scope of what constitutes an education record can be challenging, particularly for organizations with diverse record-keeping systems across multiple departments. Many institutions operate with limited resources and technical expertise, making the establishment of robust security policies and implementation of sophisticated electronic safeguards particularly burdensome.

The requirement to restrict access to only those with legitimate educational interests creates significant operational friction, especially in larger institutions where roles frequently change and overlap. The continuous training mandate represents an ongoing investment of time and resources that many budget-constrained educational organizations find difficult to prioritize, particularly when facing competing demands for professional development. Physical security measures often require infrastructure changes that may be costly or impractical in older facilities not designed with modern security considerations in mind.

For many institutions, the technical requirements present the greatest hurdle. Implementing encryption, secure authentication methods, and intrusion detection systems requires specialized expertise that many educational organizations lack in-house. The need to create comprehensive breach response plans and maintain extensive documentation of compliance efforts adds administrative burden to already stretched staff. Obtaining and managing written consent for information disclosure introduces additional procedural complexity and record-keeping requirements.

The consequences of non-compliance are severe and multifaceted. Institutions face potential loss of federal funding, which can be devastating for their operations and student support programs. Legal liability may arise from privacy breaches, potentially resulting in costly litigation and settlements. Beyond financial impacts, institutions face significant reputational damage when FERPA violations become public, undermining trust from students, parents, and the community. This erosion of trust can lead to decreased enrollment and difficulty attracting quality faculty. Additionally, individual employees may face professional consequences for violations, including termination or disciplinary action, particularly if negligence is demonstrated. The cumulative effect of these consequences makes FERPA compliance not merely a regulatory obligation but an essential component of institutional sustainability and integrity.

Simplifying FERPA compliance with an Enterprise Browser

Ensuring the security and privacy of student information is essential to maintaining trust. FERPA compliance is business critical, but navigating its complex requirements can be daunting. With the Island Enterprise Browser, businesses can simplify compliance while maintaining security and productivity — directly through the browser. By creating secure application boundaries and embedding robust controls, Island ensures information stays within authorized systems, reducing audit scope and risk.