7 Common FERPA Violations to Avoid

The Family Educational Rights and Privacy Act (FERPA) was designed to ensure that adult students have control over educational records and help protect the privacy of sensitive information.

The primary goal of FERPA is to safeguard the privacy of students by ensuring that education records are handled with care and that unauthorized individuals do not access or misuse personal information.

FERPA applies to all educational institutions that receive funding from the U.S. Department of Education, including public and private schools, colleges, and universities. Non-compliance with FERPA can result in schools losing federal funding.

In partnership with CampusGuard, we’ve compiled a list of seven common FERPA violations and how to avoid them.

1. Unauthorized Disclosure of Student Information
   • Example: Sharing a student’s grades, disciplinary records, or personal information with someone who doesn’t have a legitimate educational interest or without the student’s consent.
   • How to Avoid: Ensure that any disclosure of student information is only made to authorized individuals (e.g., teachers, administrators) and that they have a legitimate need to know. Obtain written consent from students or parents before sharing information with third parties.
2. Improper Posting of Student Grades or Personal Information
   • Example: Posting grades publicly with names, ID numbers, or any other identifying information.
   • How to Avoid: Use a system that conceals student information, such as a code known only to the student, when posting grades. Avoid sharing any personally identifiable information (PII) in public forums.
3. Leaving Student Records Unsecured
   • Example: Placing student files, whether digital or physical, in an unsecured location where unauthorized individuals can access them.
   • How to Avoid: Store student records in secure, locked locations (physical files) or use password-protected systems for digital records. Consider implementing–and enforcing—so-called Clean Desk and Clean Screen policies that prohibit staff and faculty from leaving sensitive information unsupervised and in plain sight. Regularly audit and update security protocols.
4. Inappropriate Use of Email or Other Communication Channels
   • Example: Sending a mass email with students’ non-directory information visible to all recipients or discussing a student’s performance in a non-secure online forum.
   • How to Avoid: Ensure that communications about sensitive information are conducted through secure, FERPA-compliant channels.
5. Failure to Provide Access to Student Records
   • Example: Denying a student or their parents access to the student’s records or delaying access beyond the time allowed by law.
   • How to Avoid: Establish clear procedures for handling requests for records and ensure they are processed promptly. Staff should be trained on students’ and parents’ rights under FERPA.
6. Incorrectly Handling Directory Information
   • Example: Sharing directory information (e.g., name, address) with third parties when a student has opted out of such disclosures.
   • How to Avoid: Maintain an updated list of students who have opted out and ensure all staff are aware of these preferences. Only share directory information following established policies and opt-out requests.
7. Improper Disposal of Student Records
   • Example: Throwing away student records in the trash without shredding or otherwise securely destroying them.
   • How to Avoid: Implement a secure disposal process for student records, such as shredding paper documents and securely deleting electronic files. Be especially careful when disposing of storage devices (hard drives, thumb drives, etc.). Consider physically destroying components that contain (or ever contained) sensitive information.

To protect sensitive data and ensure FERPA compliance, CampusGuard recommends these general guidelines to help you remain compliant.

• Training and Awareness: Regularly train all staff on FERPA regulations, emphasizing the importance of maintaining student privacy. Learn more about CampusGuard’s FERPA online course, updated annually to meet ongoing compliance requirements.
• Regular Assessments: Partner with CampusGuard to conduct a FERPA assessment to determine any gaps in your organization’s operational policies and practices to ensure compliance with FERPA.
• Clear Policies: Develop and enforce clear policies regarding the handling, sharing, and disposal of student information.
• Use Technology Wisely: Ensure that all electronic systems used to store and transmit student data are secure and FERPA-compliant.
• Monitor Access: Restrict access to student records to those with a legitimate educational interest and monitor who accesses these records.
• Record Retention: Create, publish, and enforce a Record Retention policy that describes how long the organization retains different types of data.

Understanding and adhering to FERPA guidelines can significantly reduce the risk of violations, protecting your organization and students’ privacy rights.

For more information on FERPA, our partner CampusGuard offers a FERPA course that covers laws governing the acceptable use and release of student records, discusses individual staff and faculty responsibilities, provides guidance on how to protect students’ right to privacy, and explains the potential consequences of non-compliance.