The digital age has surely brought quite a great technological advancement in the world of education. The data and records that were once manually stored are now managed digitally. This advancement brought with itself a major risk: Data Leak and Breaches, especially of student records that lead to forgery, identity theft, fraud and more. To tackle these issues, the US government introduced FERPA.
FERPA is a federal law that offers high protection to student data and records. Authorized personnel can also access these records from educational institutions when desired.
Through this blog, we will understand what exactly FERPA is, what it offers, how it works and most importantly, How it impacts the educational technology of the current times, Student Information Software.
Table of Contents
What Is FERPA?
Family Educational Rights And Privacy Act (FERPA) also commonly known as the Buckley Amendment is a federal law that was implemented in Nov 1974, to protect the personal information of students.
According to the US Department of Education, FERPA is a federal law which protects the privacy of personally identifiable information of students as in their educational records. The data in the records can be misused in more than one way, leading to issues and complications for the students and parents.
This law applies to every educational institution that receives federal funding. This includes all public schools and a majority of private educational institutions too.
To remove any confusion, Courts have clarified that every document that has students’ names or refers to them doesn’t necessarily mean they are FERPA records.
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How Does FERPA Function?
FERPA works in quite a simple and clear way. It basically functions around two main purposes:
- Grant Parents and eligible students access to their educational records at their request.
- Protect their information from being disclosed to any third party without their consent.
As per the details stated in the US Department of Education, FERPA offers certain rights to parents and eligible students, related to their information in educational records. These rights include:
Right to Request Access to their Information.
Parents and eligible students hold the right to request access to their information in the student’s educational records and inspect and review the information. The institutions have to provide access after a written request.
However, institutions may not provide any copies of the information unless and until the situation is such that it demands a copy. These reasons could be a great distance from the institutions etc.
In such situations, educational institutions can provide a copy to the requester. Please note that granting access to the information is completely free of charge, however, FERPA does ask the institutions to provide copies of the information, therefore schools may charge for any copies made at request at their discretion.
Right to Request Changes and Correction in the Data
If the parents or eligible students find that the information in the records is inaccurate or misleading, they may request a review and correction of the information, which the institution must follow after cross-verifying the credibility of the changes with substantial proof.
These rights not only protect the information but allow the parents and students to be informed and updated with their data as well as keep it correct all along their educational journey.
Exceptions in FERPA
As per the law, institutions must have written permission from the parents and eligible students, if any of their information is requested by a third party. However, there are some exceptions which allow the information to be disclosed without consent.
As per the US Department of Education, here are the other parties and conditions under which information may be disclosed without consent:
- Demanded by institution officials with a legitimate educational interest.
- Demanded by the next educational institution, a student is transferring to.
- Demanded by Officials specified prior, for evaluation or audit reasons.
- In the case of Financial aid provided, appropriate parties may demand access too.
- For any studies being conducted by organizations on behalf of or for the institution.
- For Accreditation purposes.
- If demanded as per lawfully issued subpoena or genuine judicial order.
- Relevant officials in situations of health and safety emergencies.
- By state and local authorities of the juvenile justice system, If permitted by state law.
Educational institutions may also disclose information that comes under “directory” information without consent. This information includes:
- Student's Name, Address
- Telephone Number
- Date And Place Of Birth
- Honors And Awards
- Dates Of Attendance
However, it must be noted that it is the responsibility of institutions to inform the parents and eligible students if any such request for directory information is made and provide them with appropriate time to deny the disclosure of information if they want so.
The institutions are also required to inform parents and students of their FERPA rights annually. The method of notifying the rights (Special letters, mentioning in PTA bulletins, via newspaper articles or student handbooks) is completely up to the decision of the institution.
Role of Student Information Software with FERPA
When FERPA was introduced in 1974, everything was mostly done manually and digitization of educational processes was yet to arrive. However, we are now in a digital age, where almost everything is digitally done. And when it comes to information related to students, Student Information Software is always at the forefront.
So where does Student Information Software stand when it comes to implementing this law? And How does FERPA impact this software?
To understand this, we need to understand Student Information Software a bit better.
Student Information Software, also commonly known as Student Information System or SIS, is a very important software application for the modern education system
Data Management
Student information software makes it easier to track student academic progress, reportings, attendance and other metrics, with efficient data and records management.
Access Control
It provides high data security with role-based access control, ensuring only approved personnel access specific data.
Reporting
The software can easily generate reports of student data based on different parameters.
Communication
Several SIS also include communication tools, allowing institutions to easily communicate and notify students of grades, attendance or any updates.
On thinking, one can easily realise that student information software can be a very important asset for implementing and maintaining FERPA. Its features will help data security, and communication and provide seamless access to the parents and eligible students.
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How FERPA Impacts Student Information Software?
FERPA has a very high impact on how student information software should be designed, implemented, and used. During its development and implementation, both developers and institutions should ensure that the software complies with FERPA requirements. Below are some impacts on SIS:
Data Security & Privacy
This law focuses on the protection of students’ educational information that is stored in the educational records. Student Information Software should include strong security measures like data encryption, authentication methods, and audit trails to track any access and modification to the data.
Access Management
One of the core principles of FERPA is that student information for educational records should only be accessible to persons with a genuine educational interest. To assist this, SIS must be designed to have complete and precise control over who can access and modify different types of student data. This can be possible with an enhanced role-based access control feature.
Data Sharing and Consent
FERPA emphasizes that before sharing any student record with third parties, consent must be obtained, except in specific circumstances. To maintain this, SIS should have certain provisions to manage consent and ensure that any disclosure of information complies with the regulations mentioned in FERPA.
Data Retention and Deletion
Even though FERPA doesn’t specify how long the institutions should maintain the educational records, it does require that institutions securely maintain the records for as long as necessary. The software should have features dedicated to data retention policies and assist in securely deleting records when they are no longer needed.
Strategies To Make Your Student Information Software FERPA Compliant
Ensuring that the SIS you are using is FERPA compliant is important. Adopting the strategies below while using Student Information Software can help ensure compliance:
Conduct a FERPA Compliance Audit
Institutions should audit their SIS and data management practices from time to time to ensure they comply with FERPA. This audit includes reviewing personnel with access to student records, how the data is stored and shared, and data security.
Implement Role-Based Access Controls
Make sure to carefully implement role-based access controls within your SIS. Ensure that only authorized personnel have access to specific student data. These personnel may include teachers, administrators, or counselors.
Educate Staff and Students on FERPA Rights
It is also important to ensure that every teacher or staff member who manages student data understands their responsibilities under FERPA and can use SIS to fulfill these responsibilities. Training them on FERPA could be fruitful for this. Institutions should also educate students and parents about their rights under FERPA.
Secure Data-Sharing Practices
Institutions must ensure that during data sharing with third parties, all the necessary consent is obtained first and the data is shared securely. This can be effectively done by including encrypted communication channels or securing data via Student Information Software to protect student privacy and prevent data leaks.
Monitor and Update SIS
As long as technology keeps evolving, so will the risks of data breaches. Make sure to regularly update SIS with the latest and best security measures, ensuring compliance with FERPA.
FERPA Compliance Audit Checklist
General Compliance
- Update FERPA Policy: Ensure your institution has an up-to-date policy that is accessible to everyone.
- Annual Notification: Ensure parents and students are annually notified of their FERPA rights.
- FERPA Officer: Designate personnel as officers or an in-charge in the institution.
Access Control
- Role-Based Access: Ensure that only authorized personnel can access student records.
- Secure Authentication: Implement strong authentication methods.
- Data Encryption: Verify encryption of student data at rest and in transit.
- Audit Trails: Maintain and review audit trails for record access and changes.
Record Management
- Education Record Definition: Clearly define what is included in an education record.
- Retention Policies: Ensure proper data is retained and records are deleted when no longer needed.
- Correction Requests: Review the process for students and parents to request corrections to records they believe are inaccurate or misleading.
Consent & Disclosure Management
- Consent Forms: Use written consent forms from parents and eligible students for disclosures when required.
- Directory Information: Manage directory information opt-out processes.
- Third-Party Disclosures: Review third-party agreements before disclosing any information for FERPA compliance.
- Emergency Disclosures: Have clear procedures for disclosures in health or safety emergencies in compliance with FERPA.
Training & Awareness
- Staff Training: Provide regular FERPA training for staff with access to student records.
- Student/Parent Education: Educate parents and students on FERPA rights and processes.
- Ongoing Monitoring: Continuously monitor and update FERPA practices in response to legal or technological changes.
Violation Response Plan
- Incident Response Plan: Ensure your institution has a documented incident response plan for handling possible FERPA violations.
- Breach Notification: Confirm the process for notifying affected individuals and the U.S. Department of Education in case of a data breach involving education records.
Audit Documentation
- Audit Records: Keep detailed records of audits and corrective actions.
- Policy Updates: Regularly review and update FERPA policies.
Cross-Border Data Transfer
- International Compliance: Ensure FERPA and international data law compliance if applicable.
Consequences of Non-Compliance with FERPA
If any educational institution fails to comply with FERPA, it can result in serious consequences for them. FERPA does not provide a private right of action, meaning students cannot sue for violations; however, the U.S. Department of Education may take action against non-compliant institutions.
Potential Consequences of Non-Compliance
Loss of Federal Funding
The most severe penalty for an institution due to non-compliance with FERPA is the loss of federal funding. As most educational institutions in the U.S. depend mainly on federal funding, this can prove to be a serious problem for them.
Damage to Reputation
Another consequence of non-compliance is public scrutiny and damage to the institution's reputation. This damage can affect enrollment, any partnerships, and the overall trust of people in the institution's ability to keep student data safe and secure.
Legal Challenges
Although FERPA doesn’t provide a private right of action, the institution may still face legal challenges due to other privacy laws or from any contractual commitments with third parties.
Increased Scrutiny
If an institution is found to be non-compliant, it may face increased scrutiny from relevant regulatory bodies, requiring additional resources and efforts to prove compliance in the future.
To avoid these consequences, it is important to carefully ensure that institutions are FERPA compliant.