The Family Educational Rights and Privacy Act (FERPA) sets federal standards for protecting student education records in the United States. Schools, colleges, and educational institutions must ensure student data privacy, security, and accessible digital access to remain compliant.
This guide covers FERPA requirements, implementation best practices, ADA considerations, and enforcement insights for US schools and educational institutions in 2025.
What Is FERPA?
FERPA is a federal law enacted to protect students’ education records and grant rights to parents and eligible students regarding access and privacy. Key aspects include:
- Right to access student records
- Right to request corrections of inaccurate records
- Control over disclosure of personally identifiable information (PII)
FERPA applies to all schools and institutions receiving federal funding, including K-12, colleges, and universities.
Who Must Comply With FERPA?
FERPA compliance is required for:
- Public and private schools receiving federal funds
- Higher education institutions managing student records
- Third-party vendors handling student information (edtech platforms, learning management systems)
Institutions must ensure all internal and external systems maintain FERPA protections.
What Counts as Education Records Under FERPA?
FERPA protects records directly related to a student and maintained by an institution, including:
- Grades, transcripts, and class lists
- Student schedules and disciplinary records
- Health and counseling records maintained by the school
- Digital and cloud-based data related to education
Institutions must distinguish between public information and FERPA-protected records.
FERPA & ADA Compliance
Digital accessibility intersects with FERPA compliance:
- Online student portals and record systems must be ADA/WCAG compliant
- Consent forms and notifications must be screen reader-friendly
- Parent/student access processes must be navigable by keyboard and accessible devices
Failing to provide accessible digital access can violate ADA and compromise FERPA compliance.
ADA Compliance | WCAG Guidelines
Common FERPA Compliance Challenges
Many educational institutions face compliance risks due to:
- Sharing student data without consent
- Inadequate access control or password policies
- Lack of staff training on FERPA requirements
- Inaccessible online portals for parents or students
Proactively addressing these areas reduces legal risk and administrative burden.
FERPA Enforcement and Penalties
FERPA is enforced primarily through the US Department of Education’s Family Policy Compliance Office (FPCO). Consequences of non-compliance include:
- Loss of federal funding
- Required corrective actions
- Reputation damage among parents and students
- Potential civil litigation
Schools must implement continuous monitoring and policy updates to maintain compliance.
FERPA Compliance Steps for Schools & Institutions
| Step | Description |
|---|---|
| 1 | Identify all education records and data storage locations |
| 2 | Update privacy policies to reflect FERPA rights |
| 3 | Implement access controls for staff and external vendors |
| 4 | Develop consent workflows for data sharing |
| 5 | Train staff on FERPA rules and responsibilities |
| 6 | Ensure digital portals and communications are ADA/WCAG compliant |
| 7 | Audit third-party edtech platforms for FERPA compliance |
| 8 | Maintain records of compliance and incident response procedures |
State-Specific Considerations
Certain US states have additional student privacy laws that complement FERPA, including:
- California (Student Privacy laws + CCPA)
- New York (Education Law §2-d)
- Massachusetts (Student Data Privacy regulations)
Schools in these states must integrate federal and state compliance requirements.
Frequently Asked Questions About FERPA
Who can access student records under FERPA?
Parents of minor students and eligible students (age 18+) have the right to access records.
Can schools share data without consent?
FERPA allows limited disclosures without consent for school officials, emergencies, and certain legal requirements.
How does FERPA relate to online learning platforms?
Third-party vendors must comply with FERPA if they store or process student data, including LMS, educational apps, and cloud services.
Does FERPA require accessibility?
Yes. Online portals and communications must comply with ADA accessibility standards for all users.
FERPA Compliance Tips for 2025
- Combine FERPA privacy controls with ADA accessibility practices for a unified compliance approach
- Conduct regular staff training and audits
- Monitor third-party systems for continuous data protection
- Maintain transparent privacy notices for parents and students
Conclusion: Protect Student Data and Stay Compliant
FERPA compliance is essential for all US schools and educational institutions handling student data. Integrating privacy, accessibility, and digital compliance not only avoids penalties but also strengthens trust with students, parents, and communities.
FERPA and ADA Compliance Made Manageable
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