November 19, 2025

The education sector is becoming increasingly data-driven—schools, universities, and educational technology (EdTech) platforms collect, store, and analyze vast amounts of student information every day. While this data enables personalized learning and operational efficiency, it also exposes institutions to serious privacy risks if mishandled.

The Family Educational Rights and Privacy Act (FERPA) — enacted in 1974 — is the primary federal law protecting the privacy of student education records in the United States. Enforced by the U.S. Department of Education, FERPA sets clear rules for how schools and third-party service providers must handle student data and gives parents and eligible students the right to access and control their information.

In today’s digital learning environment—where cloud-based learning management systems, artificial intelligence tools, and online collaboration platforms are standard—FERPA compliance has never been more critical.

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What FERPA Requires

FERPA applies to all educational institutions and agencies that receive funds from the U.S. Department of Education. Its core objectives are to protect student privacy and grant individuals control over their education records.

Under FERPA:

• Parents (or students aged 18 and older) have the right to access, review, and request corrections to their education records.
  
• Schools must obtain written consent before disclosing personally identifiable information (PII) from education records, unless a lawful exception applies (e.g., disclosure to school officials with legitimate educational interest).
  
• Schools must annually notify parents and students of their rights under FERPA.
  
• When using third-party vendors or EdTech platforms, institutions remain responsible for ensuring that these vendors also comply with FERPA protections.
  

Examples of education records include grades, disciplinary records, transcripts, student identification numbers, and even digital files stored on cloud-based educational platforms.

For official FERPA guidance, the U.S. Department of Education provides detailed compliance information and FAQs at studentprivacy.ed.gov/guidance.

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Recent Enforcement Example

In 2023, the Student Privacy Policy Office (SPPO) of the U.S. Department of Education issued warnings to several school districts after finding that third-party online learning platforms were improperly collecting or sharing student data for purposes beyond education — including marketing and analytics.
Although specific violators were not publicly named, the agency reminded schools that they remain responsible for student privacy compliance even when outsourcing data processing to EdTech vendors.

This enforcement action underscored the need for strong vendor contracts, explicit data-use limitations, and transparent parental consent policies — all fundamental to maintaining FERPA compliance in the digital era.

Official reference: U.S. Department of Education – FERPA Enforcement Guidance.

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Why This Matters for Educational Institutions

As schools integrate technology into every aspect of education, balancing innovation with accountability becomes essential. Failure to comply with FERPA can lead to federal investigations, loss of funding, and serious reputational harm.

Key compliance risks include:

• Unsecured access to student databases or cloud systems
  
• Unauthorized data sharing with vendors or advertisers
  
• Insufficient consent management and communication
  
• Lack of staff training on FERPA responsibilities
  

By embedding data protection practices into every layer of their systems, educational institutions can protect student information, uphold legal compliance, and maintain public trust.

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How The Data Privacy Lawyer PLLC Can Help

The Data Privacy Lawyer PLLC supports educational institutions and EdTech providers in understanding and meeting FERPA compliance obligations. Our services include:

• FERPA compliance assessments and policy development
  
• Review of vendor and cloud service contracts for FERPA alignment
  
• Staff training on data handling and parental rights
  
• Legal guidance for responding to privacy complaints or investigations
  

Our goal is to help schools and education providers navigate privacy laws confidently—ensuring student data remains protected, secure, and compliant.

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Contact & Call to Action

If your educational institution or EdTech company needs legal guidance on FERPA compliance, data-sharing policies, or student privacy management, contact:

The Data Privacy Lawyer PLLC
🌐 www.thedataprivacylawyer.com
📧 info@thedataprivacylawyer.com
📞 +1 (202) 946-5970
📚 Resources

Protect student privacy. Protect compliance. Protect your institution.