Guide to FERPA Compliance for Schools

Before the mid-seventies, very little was done in the United States to protect students’ academic records and personally identifiable information (PII). Anyone with a key to a filing cabinet, for example, could access social security numbers, medical data and student loan information, leaving students vulnerable to fraud and identity theft (among other threats). 

This changed with the introduction of FERPA, the Family Educational Rights and Privacy Act, also known as the Buckley Amendment. Addressing “growing evidence of the abuse of student records across the nation,” the bill was quickly adopted as its own legislation and has evolved over the years to meet the challenges of an increasingly digitized education sector. 

While most educators and administrators will agree that FERPA is valid and necessary, it does add to an already complex regulatory environment. It also means that schools have to protect student data from a growing number of online cybersecurity threats. 

What Is FERPA?

FERPA is a federal law in the U.S. that protects the privacy of student education records. This applies to students in kindergarten through high school, as well as those in higher education, as long as the school receives funding from the U.S. Department of Education.

Consider that FERPA:

• Protects student information: FERPA ensures that student information, such as grades, disciplinary records, and test scores, is kept confidential.
• Gives rights to parents and students: Parents of students under 18 have the right to access their child’s education records, request amendments to those records, and control the disclosure of certain information. Once a student becomes an adult or enrolls in postsecondary education, the rights under FERPA transfer to the student themselves.
• FERPA has exceptions: There are some exclusions to FERPA, such as when information is shared with school officials who have a legitimate educational interest, or when it’s required by law.

You can visit the U.S. Department of Education website for more information, for the purposes of this article, we’ll focus on becoming FERPA compliant. 

FERPA violations and penalties

One of the most common FERPA violations revolves around the failure to implement adequate data security programs. For example, including protected student information on mailing lists or shared documents poses significant FERPA violations. 

Whether inadvertently or negligently, exposing student data to unauthorized individuals or platforms compromises student privacy and violates FERPA’s confidentiality requirements. Educational institutions hold vast amounts of sensitive student information, ranging from academic records to personal identifiers. Without robust data security measures in place, these institutions risk unauthorized access and data breaches, violating FERPA’s mandate to safeguard student records.

Denying eligible students or parents access to student records represents another frequent violation. FERPA grants eligible students and their parents the right to access and review educational records, ensuring transparency and accountability within educational institutions. 

These violations often crop up because of lapses in judgment, oversight, or a lack of awareness regarding data protection protocols. It’s important to prioritize ongoing training, security awareness initiatives, and vigilance among staff members to ensure compliance with FERPA regulations.

The consequences of FERPA violations can be severe, with penalties ranging from financial sanctions to reputational damage. The most significant penalty involves a potential ban from federal funding administered by the U.S. Department of Education. Federal funding plays a pivotal role in supporting educational initiatives and programs, and the loss of such funding can significantly impact operations and resources.

Fortunately, that is the last resort. The Family Policy Compliance Office (FPCO) within the Department of Education typically investigates reported FERPA violations before implementing more extreme measures. The FPCO emphasizes voluntary compliance and often offers educational institutions opportunities to rectify their mistakes. 

It’s worth noting, too, that complying with FERPA and enforcing it are two separate things. There have been lots of criticisms thrown at FERPA over the years, with some good examples of why it hasn’t always kept pace with the times.

In 2018, the department of education’s inspector general found in an audit that FERPA complaints weren’t being investigated quickly enough, resulting in a massive backlog dating back years. 

Reasons for the delays include insufficient staff and resources, according to Education Week, include unresolved policy issues, and increasing volume and complexity of complaints. 

What’s more, the Department of Education has not once cut off all federal funds to a school or district as the result of FERPA violations, according to Education Week, nor have any third parties—such as vendors,—been banned from working with schools for up to five years, as the law allows.

Since the inspector general’s report in 2018, however, there has been more focus on FERPA enforcement. And even if federal law enforcement does not penalize a school for an incident, that doesn’t rule out consequences from local authorities. 

So it’s best to maintain compliance, and getting up to speed with FERPA is a far better option than not.

How to Comply with FERPA

Complying with FERPA can be a challenge, but there are resources, frameworks and methods you can implement that will boost data security without putting a strain on your budget or resources. Here’s how: 

Leverage established frameworks

Implementing established cybersecurity frameworks like NIST CSF, CIS Controls, or ISO 27001 provides valuable guidance and a roadmap to achieve the necessary compliance standards. These frameworks encompass best practices for data security, risk management, and incident response, aligning with FERPA and other related laws like CIPA and COPPA. By adhering to these frameworks, schools can minimize the likelihood of security incidents and data breaches and prove that they’ve taken steps to comply with FERPA. 

Establish your defenses

Have you done everything in your power to protect students’ data from cybersecurity threats and unauthorized access? Can you prove that? Secure your school’s network through essential tools like firewalls, antivirus software, and anti-malware solutions. Firewalls control incoming and outgoing traffic, while antivirus and anti-malware software offer protection against malicious programs attempting to steal data or exploit vulnerabilities. Regularly updating these tools ensures they remain effective against new threats. 

Identify and address your risks

Where are your cyber blind spots? You have to know what the threats are, as well as the assets you’re trying to protect, and the resources you have at your disposal to defend yourself. Conduct regular risk assessments to identify and mitigate potential vulnerabilities within your IT infrastructure. These assessments should encompass data handling practices, security policies, and the understanding of staff regarding FERPA regulations. Regularly reviewing and updating these assessments allows you to stay proactive in addressing evolving threats and ensure your staff possesses the knowledge and awareness to handle student data responsibly.

Always encrypt sensitive data

Employ data encryption to safeguard student information at rest and in transit. Encryption renders critical data unreadable to anyone lacking the appropriate decryption key, significantly reducing the risk of unauthorized access even if data breaches occur. This is particularly crucial for data stored on portable devices or shared electronically.

Implement granular access controls

Establish a robust access control system that restricts access to student data solely to authorized personnel who have a legitimate educational interest. This system should assign different levels of access based on roles and responsibilities, ensuring individuals only have access to the information strictly necessary for their job functions. Multi-factor authentication adds an additional layer of security by requiring users to verify their identity beyond just usernames and passwords before accessing sensitive information.

Maintain vigilance through monitoring and logging 

Continuously monitor and log network activity to maintain a record of user access attempts, data access patterns, and potential anomalies. This log data serves as a crucial resource for incident response efforts, allowing your IT team to identify breach entry points, track unauthorized access attempts, and determine the scope of any potential compromise.

Foster awareness through annual training and updates

Regularly educate and train staff, faculty, and students about FERPA regulations and relevant data security practices. Annual FERPA training can raise awareness of stakeholders’ rights and responsibilities, while ongoing security training can equip individuals with the knowledge to identify and report phishing attempts, suspicious emails, and potential data breaches.

Wrapping up

These best practices, along with ongoing compliance monitoring and updates to policies and procedures, create a robust data security framework for schools. By prioritizing these measures, schools can demonstrate their commitment to safeguarding student information, empowering stakeholders with knowledge of their FERPA rights, and building a trustworthy environment for learning and growth. 

Remember, FERPA compliance is an ongoing process, requiring vigilance and adaptation to ensure the continued protection of student data in our ever-evolving digital landscape.
Don’t be afraid to call in external help if you need it. Coro can provide valuable support and advice when it comes to FERPA compliance and cybersecurity best practices.