Student data is more valuable — and more vulnerable — than ever.

Schools no longer track just grades and transcripts. They now collect behavioral reports, biometric data, mental health records, and digital learning analytics, often shared across multiple systems and third-party EdTech tools. With the rapid expansion of education technology, improperly protected data can easily fall into the wrong hands, risking identity theft, discrimination, and long-term privacy consequences.

This is where the Family Educational Rights and Privacy Act (FERPA) plays a crucial role. FERPA is the primary federal law governing privacy rights for students and their families, giving parents (and eligible students 18+ or in college) rights over:

✔ Access to education records
✔ Correction of inaccurate information
✔ Consent before personal data is disclosed

If a school receives any federal education funding — from K-12 districts to major universities — FERPA applies.

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What Counts as “Education Records” Under FERPA?

It’s more than report cards.

Under FERPA, education records include any information that:

1️.  Directly relates to a student
2️.  Is maintained by a school or authorized party

This covers:

Traditional Records	Digital & Sensitive Records
Grades & transcripts	Student emails & LMS activity
Bus routes & attendance	IP addresses used on school devices
Disciplinary reports	Biometric identifiers (fingerprint scans)
Health & counseling notes stored by school	Special education documentation
Financial aid information	Device location tracking and app analytics

If it identifies a student — it’s protected.

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FERPA Compliance Requirements — In Plain Language

Schools and vendors must do the following:

1️. Give access to records within 45 days

Parents and eligible students must be able to review, challenge errors, and request corrections.

2️. Get written consent before disclosing student data

Unless a specific statutory exception applies.
Common exceptions:

• School officials with legitimate educational interest
  
• Health/safety emergencies
  
• Research organizations under strict written agreements
  
• State/local education authorities for compliance functions
  

3️. Maintain a record of all disclosures

Who received the data, when, and why.

4️. Hold vendors accountable

EdTech companies, testing contractors, and cloud providers must follow FERPA as if the school were processing the data itself.
In short:

“If you touch student data — you follow FERPA.”
— U.S. Department of Education

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Real Enforcement Example: A Vendor Locked Out of Data for 5 Years

A U.S. educational agency gave a research organization access to student data, but the organization improperly shared that data further without authorization.

The Department of Education intervened:

• The organization was banned from accessing student data for five years
  
• Agencies were required to monitor compliance more strictly going forward
  

Case Summary:
Enforcement Case Study 3 — Student Privacy Policy Office

Why this matters today:
Many vendors now provide analytics, AI tutoring, proctoring tools, or identity verification. One contract mistake can jeopardize an entire school district’s compliance.

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Modern Privacy Risks Schools Didn’t Face Years Ago

Education has changed dramatically. Here are current risks FERPA must cover:

Modern Technology	Privacy Risk
AI-based teaching tools	Profiling or use of behavioral data for marketing
GPS-tracked school devices	Unauthorized location monitoring
Remote proctoring systems	Biometric data exposure
Parent portals and apps	Weak security → account hacking
Cloud-based records	Breaches exposing sensitive information

Many violations happen not from malice, but from misunderstanding — especially when new tools are added fast.

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What Schools and EdTech Providers Must Do Immediately

Here’s your FERPA Compliance Checklist:

✔ Audit all student data systems — where does information flow? Who has access?
✔ Update contracts — vendors must comply with FERPA
✔ Document consent — especially for apps and community partners
✔ Limit data — collect only what is necessary
✔ Encrypt and secure communication channels
✔ Train staff regularly — including coaches, volunteers, and contractors
✔ Develop a data breach response plan
✔ Establish deletion and retention policies — remove what you no longer need

A privacy-mature school doesn’t just react to problems — it prevents them.

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Consequences of Non-Compliance

While FERPA doesn’t include monetary fines like GDPR, penalties can still be severe:

• Loss of federal education funding
• Mandatory corrective action plans
• Data bans for third-party vendors
• Publicized investigations → reputational damage
• Loss of community trust

And the real victims?
Students whose data may haunt them indefinitely.

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Parents and Students Are Demanding Accountability

Privacy expectations are rising:

• Families are asking schools about how apps use student data
  
• Districts are questioning EdTech marketing practices
  
• Students are aware of how digital footprints affect their future
  

The organizations that succeed will be those that put privacy first.

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How The Data Privacy Lawyer PLLC Can Support You

We help schools, districts, universities, and EdTech companies:

✔ FERPA compliance audits & risk assessments
✔ Policy and written agreement development
✔ Vendor privacy evaluation and contract review
✔ Staff and EdTech privacy training
✔ Privacy governance programs that scale

Your students — and your reputation — deserve strong privacy protections.

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Contact Us

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

Protecting students today protects their future tomorrow.