Oliver Page
Case study
November 7, 2025
All About FERPA Alignment in the PA Public School Code comes down to understanding how federal student privacy protections work alongside Pennsylvania's specific requirements. For K-12 IT Directors in Pennsylvania, this isn't just about legal compliance—it's about protecting students, avoiding costly penalties, and building trust with families in an era of rising cyber threats.
The Family Educational Rights and Privacy Act (FERPA) has protected student education records since 1974. But here's what makes Pennsylvania different: state laws add layers of complexity that go beyond the federal baseline. The PA Public School Code includes specific protections for protected handicapped students (22 PA Code § 15.9), mandates for Student Assistance Programs under Act 211, and requirements for reporting unit-level data through the Pennsylvania Information Management System (PIMS).
As one Pennsylvania school administrator put it in recent guidance: "Every child deserves an education that prepares them for success, provides a safe place for learning, and honors their history and experiences." That means protecting not just grades and transcripts, but also sensitive information about mental health, drug and alcohol counseling, LGBTQ+ status, and more.
The stakes are high. Non-compliance with FERPA can cost your district all federal education funding. State violations can trigger fines of $100 per day. And in today's threat landscape, a single phishing email or ransomware attack can expose thousands of student records, creating legal, financial, and reputational disasters.
For IT Directors juggling limited budgets and rising cyber threats, understanding FERPA alignment in Pennsylvania means knowing:
This guide breaks down all of it—from foundational FERPA rights to Pennsylvania's unique requirements, from managing digital records to protecting LGBTQ+ students, from avoiding penalties to implementing practical security measures.
All About FERPA Alignment in the PA Public School Code terms to learn:
The Family Educational Rights and Privacy Act (FERPA) serves as the federal foundation for student data privacy. If your Pennsylvania school district receives funding from the U.S. Department of Education (and almost all do), FERPA applies to you. Think of it as the starting line—the minimum standard you must meet to protect student education records. From there, Pennsylvania law adds its own requirements and nuances.
What makes FERPA so important is that it grants significant rights to parents and students. Understanding these rights isn't just about avoiding penalties; it's about respecting families and building the trust that makes education work.
Before you can protect student records, you need to know what actually counts as a record. FERPA defines an education record as any record—in any format—that's directly related to a student and maintained by your school or district (or someone acting on your behalf). This broad definition covers a lot of ground.
Education records include grades and transcripts, disciplinary actions, attendance logs, health information kept by the school nurse (like immunization records), special education documents (IEPs and 504 plans), and basic demographic data like addresses and phone numbers. The format doesn't matter—whether it's handwritten notes, digital files, magnetic tape, film, or data stored in your student information system, it's all covered.
But here's where it gets interesting: not everything is an education record. FERPA carves out several important exceptions that matter for All About FERPA Alignment in the PA Public School Code compliance.
Sole possession records are personal notes that a teacher or counselor keeps as a memory aid. As long as these notes stay private—not shared with anyone else and kept in the sole possession of their creator—they're not education records. The moment they're shared with another staff member, though, they lose this protection and become part of the student's official record.
Law enforcement unit records maintained by your school's security or police department solely for law enforcement purposes are separate from education records. These stay outside FERPA's scope, even when they involve students.
Employment records for students who work at the school (unless their job depends on being a student) don't count. Neither do financial statements submitted by parents for aid applications, treatment records created by physicians or psychologists that aren't shared beyond treatment providers, or alumni records collected after someone graduates.
Understanding these distinctions matters because they determine what information requires protection and when you need parental consent for disclosure.
FERPA grants four fundamental rights that put families in control of educational information. These rights belong to parents—right up until the student becomes what FERPA calls an "eligible student."
The right to inspect and review education records means parents can see what's in their child's file. When a parent makes a request, your school has up to 45 calendar days to comply (though most schools move faster). Parents have the right to inspect records, but FERPA doesn't technically require schools to provide copies—though many do as a courtesy.
The right to request amendments kicks in when parents believe information in the record is inaccurate, misleading, or violates their child's privacy. If your school denies the request, you must inform the family of their right to a formal hearing. If the hearing also results in denial, parents can place a statement in the record explaining their disagreement with the contested information.
The right to consent to disclosure is the big one. Generally, schools need written permission from parents before sharing personally identifiable information from education records. This includes obvious identifiers like names and addresses, but also ID numbers and anything else that could identify a specific student. We'll cover the important exceptions to this rule in just a moment.
The right to file a complaint ensures accountability. Parents can report alleged FERPA violations to the U.S. Department of Education's Student Privacy Policy Office. Complaints must be in writing and filed within 180 days of the alleged violation.
So when do rights transfer from parents to students? A student becomes an eligible student at age 18 or when they enroll in any postsecondary institution, regardless of age. After that, all FERPA rights belong to the student, not the parents. There's one exception worth noting: parents can still access records if they claim the student as a dependent on their income tax return, even after the student turns 18.
For Pennsylvania IT Directors, this matters because you need systems that can handle this rights transfer smoothly—especially for 18-year-old high school seniors. For a deeper exploration of these foundational protections, see our guide on All About FERPA, The Federal Student Privacy Law That Still Matters in 2025.
Here's where things get practical. Schools routinely share certain student information without getting individual consent each time—through something called directory information. This refers to information that wouldn't generally be considered harmful or invasive if disclosed publicly.
Directory information typically includes a student's name, address, telephone number, birth date and place, major field of study, participation in sports and activities (like making the honor roll or playing on the basketball team), weight and height for athletes, attendance dates, degrees and awards received, grade level, and enrollment status.
But there's a critical requirement: your school must notify parents and eligible students annually about what you designate as directory information, and you must give them a reasonable opportunity to opt out. If a parent opts out, you cannot release that information without consent unless another FERPA exception applies. This is where many schools stumble—failing to honor opt-out requests for yearbooks, programs, or websites.
Beyond directory information, FERPA allows disclosure without consent in specific situations that are essential for school operations. You can always share records with the student themselves. You can share with school officials who have a legitimate educational interest—and this is crucial for day-to-day operations.
A "school official" includes anyone performing instructional, supervisory, advisory, administrative, or support functions for your school. This can include contractors and volunteers, not just employees. A "legitimate educational interest" exists when the official needs the information to fulfill their professional responsibilities. For example, a teacher needs access to IEPs for students in their class, but not for students they don't teach.
Other important exceptions allow disclosure to officials at other schools where a student is enrolling, to federal, state, and local authorities conducting audits or evaluations, in connection with financial aid applications, to organizations conducting studies on your behalf to improve instruction, to accrediting organizations, and to comply with judicial orders or lawfully issued subpoenas.
The health or safety emergency exception deserves special attention. When there's an immediate threat to health or safety, schools can share information necessary to protect students or others. This exception has been used during situations ranging from suicide threats to active shooter scenarios.
Pennsylvania schools also need to know about exceptions for juvenile justice officials, for alleged victims of violent crimes (regarding disciplinary hearing results), and for parents of students under 21 regarding alcohol or drug violations.
Navigating these exceptions requires clear policies and well-trained staff. One misunderstanding can lead to an unauthorized disclosure—or conversely, to withholding information when sharing it would be appropriate. For more on how different states implement these federal requirements, check out our post on FERPA State Implementation Emphasis.
Understanding these core FERPA protections creates the foundation for All About FERPA Alignment in the PA Public School Code—because Pennsylvania's state laws build on these federal requirements, adding complexity and specificity that we'll explore in the next section.
FERPA sets the federal baseline for student privacy, but Pennsylvania doesn't stop there. The state has woven its own specific requirements throughout the Public School Code, creating additional layers of protection—and complexity—for K-12 IT Directors. Understanding these intersections isn't just about checking compliance boxes. It's about recognizing where Pennsylvania goes further than federal law and ensuring your district meets both standards.
Pennsylvania takes student confidentiality seriously, especially for vulnerable populations. 22 PA Code § 15.9 specifically addresses protected handicapped students, adding state-level protections that reinforce and expand upon FERPA's requirements.
Under this regulation, school districts must keep personally identifiable information (PII) for protected handicapped students strictly confidential. This means implementing robust safeguards to prevent unauthorized access. Before releasing any PII to someone outside your authorized school officials with legitimate educational interest, you need written parental consent. No exceptions for convenience.
The regulation also guarantees parents or their representatives full access to their child's educational records. While this mirrors FERPA's inspection rights, Pennsylvania makes it explicit for this student population, underscoring the importance of transparency when it comes to special education services.
Beyond special education, 22 PA Code §12.33 provides general guidance on how schools should collect, maintain, and share pupil records. These procedures aren't suggestions—they're requirements that work hand-in-hand with FERPA to create a comprehensive privacy framework.
For IT Directors, this means your data systems, access controls, and security protocols must account for both federal and state mandates. A data breach involving protected handicapped student records doesn't just violate FERPA—it also violates Pennsylvania law. The cybersecurity stakes are high, as outlined in K-12 Cybersecurity: Protecting Schools from Evolving Threats.
Some of the trickiest privacy situations arise when students need help with substance abuse, mental health issues, or when abuse is suspected. Pennsylvania law creates a complex web of protections and mandates that IT Directors need to understand, especially when managing digital records.
Pennsylvania's Act 211 requires every school district to maintain programs for drug and alcohol education, counseling, and support services. This led to the creation of Student Assistance Programs (SAP), which identify students at risk and connect them with appropriate resources.
Here's where it gets complicated: records related to drug and alcohol treatment fall under 42 CFR Part 2, federal regulations that are often stricter than FERPA. These rules require specific written consent for disclosure, with very limited exceptions. You can't share SAP-related substance abuse records the same way you might share other education records, even with school officials who would normally have access under FERPA's "legitimate educational interest" exception.
Adding another layer, Pennsylvania law allows minors aged 14 or older to consent to their own outpatient mental health treatment and, in some cases, drug and alcohol treatment. This means a 15-year-old might control access to their own treatment records, not their parents. School personnel who report drug or alcohol abuse in good faith are typically protected by civil immunity, but the records themselves remain highly protected.
Mental health records come with similar complexities under the PA Mental Health Procedures Act (55 PA Code). Until age 14, parents typically control access to their child's mental health records. But from 14 to 18, a student can consent to outpatient mental health treatment and control their own records without parental involvement. For IT systems storing these records, access controls need to reflect these age-based distinctions.
Pennsylvania also has procedures for involuntary mental health commitment (known as a "302") when someone poses a clear and present danger to themselves or others. These situations require immediate action and careful documentation, balancing urgent safety needs with privacy protections.
Finally, there's the matter of mandated reporting. Pennsylvania law designates school personnel—administrators, teachers, nurses, counselors—as mandated reporters for suspected child abuse. If you have reasonable suspicion of abuse, you must report it to the appropriate authorities. This legal obligation creates an exception to typical privacy rules. Protecting children from harm takes precedence, and the law shields mandated reporters who make good-faith reports.
For your data systems, this means ensuring that authorized personnel can access records when safety concerns arise, while still maintaining strict controls for routine access. It's a delicate balance between protection and privacy.
For a detailed breakdown of these regulations and how they impact SAP programs, see: Summary of Regulations Impacting SAP.
Another area where All About FERPA Alignment in the PA Public School Code gets interesting is military recruiter access to student information. Federal and state laws create specific requirements that override normal consent rules.
The Every Student Succeeds Act (ESSA) requires school districts receiving federal assistance to provide military recruiters and institutions of higher education with the name, address, and telephone listing of each secondary school student. Parents and eligible students can opt out, but here's the catch: it must be an active opt-out. You cannot use a passive system where silence equals withholding consent. Schools must provide the information unless a parent or student explicitly says no in writing.
Pennsylvania state law (51 P.S. §§ 20221-20225) reinforces this requirement, specifically mandating that senior students' names, home addresses, and published telephone numbers be provided to armed forces recruiters for recruiting purposes only. If your district combines its FERPA directory information notification with the military recruiter notification, an opt-out for directory information also applies to military recruiters. But you need to make this clear to families.
The consequences of non-compliance aren't trivial. Pennsylvania law imposes a $100 per day fine for violations, and federal law can result in loss of federal educational funding. For districts already operating on tight budgets, these penalties can be devastating.
For postsecondary institutions, the Solomon Amendment creates a parallel requirement. Colleges must release specific student recruiting information to military recruiters upon request, including name, class level, academic program, age, phone numbers, email address, and preferred address. While this primarily affects higher education, understanding the full landscape helps when advising students and families about privacy rights as they transition from high school to college.
Separate from military recruiter access, the Protection of Pupil Rights Act (PPRA) protects students from invasive surveys and evaluations. PPRA requires parental consent before minor students participate in any U.S. Department of Education-funded survey that asks about sensitive topics: political affiliations, mental and psychological problems, sex behavior and attitudes, illegal or anti-social behavior, critical appraisals of family relationships, legally recognized privileged relationships, religious practices or beliefs, or family income (unless needed for program eligibility).
Parents also have the right to inspect all instructional materials used in connection with these surveys or evaluations. For schools, this means transparency. Before administering any survey touching on these topics, ensure you have proper parental notification and consent procedures in place.
Pennsylvania's guidance on these pupil rights requirements is available here: PA guidance on Pupil Rights.
The world of student data has changed dramatically. Gone are the days when education records meant file cabinets full of paper. Today's Pennsylvania schools manage massive digital systems that track everything from attendance to test scores to special education services. And while we're navigating these complex data systems, we're also working to protect the privacy and dignity of all students—including LGBTQ+ youth who face unique vulnerabilities in an evolving legal landscape.
If you're a K-12 IT Director in Pennsylvania, you're already familiar with PIMS—the Pennsylvania Information Management System. This statewide longitudinal data system is the backbone of how our state collects and reports unit-level educational data. PIMS fulfills both federal and state reporting requirements, streamlines reporting processes, and provides timely, accurate data that supports educational decision-making across the commonwealth.
Here's the thing: PIMS is legally authorized. Under FERPA Sections 99.31 and 99.35, education agencies can release personally identifiable information to the Pennsylvania Department of Education (PDE) for auditing and evaluating education programs and ensuring compliance with federal and state regulations. This authorization is what makes PIMS possible—but it also means that vast amounts of sensitive student data flow through the system.
Two key pieces of Pennsylvania legislation drive PIMS data collection. Act 24 of 2011 authorizes PDE to collect unit-level data mandated by federal statute or regulation or required by the Pennsylvania Public School Code. More recently, Act 76 of 2019 established data reporting requirements for the Transfer and Articulation Oversight Committee (TAOC), particularly relevant for postsecondary institutions. The PDE also has auditing authority to ensure data accuracy and compliance, which means our districts must maintain meticulous records.
There's a small but important carve-out for privacy: postsecondary students can opt out of commonwealth data collection by submitting an electronic form to PDE at least one month before data submission. This opt-out option highlights the ongoing tension between using data to improve education and respecting individual privacy rights.
The concentration of so much student data in systems like PIMS creates significant cybersecurity risks. These databases are high-value targets for bad actors. A successful breach could expose the personal information of thousands of students, triggering not just legal consequences under FERPA and Pennsylvania's data breach notification law, but also devastating harm to students and families. Protecting this digital infrastructure isn't optional—it's foundational to maintaining All About FERPA Alignment in the PA Public School Code.
Our blog All About Act 3 of 2023: New Cybersecurity Requirements for Pennsylvania Schools explores how Pennsylvania is responding to these evolving threats with new mandates that directly impact your ability to secure student data.
Protecting LGBTQ+ students requires navigating some of the most sensitive intersections of privacy law, student safety, and parental rights. These situations demand both legal knowledge and genuine compassion.
The legal foundation starts with Title IX, the federal law that prohibits discrimination based on sex in any education program receiving federal financial assistance. Recent court interpretations—including rulings that have been upheld repeatedly—affirm that sex discrimination includes discrimination based on sexual orientation and gender identity. Pennsylvania's own Human Relations Act (PHRA) provides robust state-level protections that mirror and reinforce these federal safeguards. The Pennsylvania Human Relations Commission issued guidance in 2018 confirming that PHRA's sex discrimination protections extend to gender identity and expression.
When it comes to student names and pronouns, the law is clear: schools cannot selectively deny a transgender student's preferred name and pronouns while accommodating cisgender students' nickname preferences. Intentionally and persistently misgendering a student isn't just unkind—it can constitute sex-based harassment and create a legally hostile environment. The Third Circuit Court of Appeals has affirmed that schools have a compelling interest in protecting transgender students from discrimination, including by respecting their chosen names and pronouns.
Here's where FERPA intersects with LGBTQ+ student privacy in important ways: FERPA does not require schools to notify parents about a student's assertion of their gender identity at school. This is a critical protection. Courts consistently balance the interest parents have in information about their children against the potential harm to a student if such information is disclosed without their consent. Many Pennsylvania districts have adopted policies that prioritize student safety and well-being, particularly when a student is not out to their parents and fears harm if their gender identity is disclosed.
Schools also cannot require documentation to "prove" a student's sex or gender identity. A student's assertion of their gender identity is sufficient. This approach respects both student privacy and dignity while avoiding invasive and harmful verification processes.
The questions of bathroom and locker room access remain contentious in some communities, but the legal framework is increasingly settled. Transgender students have the right to use facilities consistent with their gender identity. While schools may offer gender-neutral alternatives as additional options, they cannot mandate that transgender students use separate facilities that don't match their gender. Denying access can violate Title IX.
Sports participation is perhaps the most publicly debated area. Legal frameworks like Title IX govern participation policies, and courts have repeatedly found that blanket bans on transgender students in sports are often based on discriminatory stereotypes rather than legitimate educational interests. Proposed federal Title IX regulations continue to clarify protections in this evolving area.
From a privacy and cybersecurity perspective, information about a student's LGBTQ+ status is extraordinarily sensitive. Unauthorized disclosure could expose students to harassment, family conflict, or even violence. This information must be protected with the same rigor—and often more care—than other education records. Our commitment to comprehensive cybersecurity, as outlined in Cybersecurity for Educational Institutions, extends to protecting all student data, including the most sensitive personal information.
Creating truly safe schools means both legal compliance and cultural competence. It means training staff to understand privacy obligations, implementing access controls that limit who can see sensitive student information, and building systems that protect students' ability to be themselves without fear. And it starts with recognizing that phishing attacks and data breaches don't discriminate—they threaten all students. Understanding your vulnerabilities is the first step. Consider starting with a comprehensive phishing audit to identify where your defenses need strengthening.
Compliance with FERPA and the PA Public School Code isn't just about checking boxes on a form. It's about building a culture of trust with families, protecting vulnerable students, and ensuring our schools can continue to operate without the devastating consequences of privacy violations. For K-12 IT Directors in Pennsylvania, understanding both the risks of non-compliance and the practical steps to prevent it is essential.
Let's be blunt: the penalties for failing to protect student privacy can devastate a school district. We're not just talking about a slap on the wrist—these consequences can fundamentally disrupt operations and damage the trust we've built with our communities.
The most severe federal penalty is the loss of all federal education funding from the U.S. Department of Education. This isn't a hypothetical threat. Schools that repeatedly or egregiously violate FERPA can lose access to critical funding streams that support everything from special education programs to technology initiatives. For most districts, this would be catastrophic.
Beyond federal funding, the Student Privacy Policy Office (SPPO) actively investigates complaints about FERPA violations. When they find problems, they don't just walk away—they require schools to implement specific corrective actions and monitor compliance over time. This process can be time-consuming, expensive, and embarrassing.
Pennsylvania state law adds its own layer of penalties. Violations of certain provisions—like failing to provide military recruiters with required directory information—can trigger fines of $100 per day. That might not sound like much, but it adds up quickly. A month of non-compliance could cost your district $3,000 or more, money that could have gone toward classroom resources or teacher salaries.
Legal repercussions extend beyond regulatory penalties. Parents and students can file lawsuits against schools for privacy violations, leading to expensive legal fees and potential damages. Even if a school ultimately prevails in court, the legal costs alone can strain already tight budgets.
Perhaps the most lasting damage is to reputation. When a data breach exposes student information or a privacy violation makes headlines, families lose trust in the institution. That trust can take years to rebuild. Parents may transfer their children to other districts. Community support for school initiatives may evaporate. And recruiting quality staff becomes harder when your school is known for data security problems.
For individuals, the stakes are high too. Employees who cause significant privacy breaches or demonstrate flagrant disregard for compliance can face disciplinary action, including termination. This is particularly true for IT staff and administrators who have direct responsibility for protecting student data.
In today's threat landscape, data breaches are increasingly common. Understanding What to Know About Pennsylvania's Data Breach Notification Law is crucial because these state requirements add another layer of compliance. When a breach occurs, schools must notify affected individuals and state authorities within specific timeframes, creating additional liability and public relations challenges.
The good news? Most privacy violations are preventable. By implementing thoughtful policies and investing in ongoing training, Pennsylvania schools can achieve robust All About FERPA Alignment in the PA Public School Code while building a security-conscious culture.
Start with a comprehensive data security plan. This isn't a document you write once and file away. It's a living framework that guides how your school handles student information every day. Your plan should cover how data is collected, stored, transmitted, and eventually destroyed. Think about both digital records (stored in systems like PIMS) and physical records (those filing cabinets in the guidance office). Implement data encryption for information at rest and in transit. Schedule regular vulnerability testing. Set up continuous monitoring and audit trails so you can detect problems quickly.
Access control is your second line of defense. Not everyone in your building needs access to every student record. Define clearly in your policies what constitutes a "school official" and what counts as a "legitimate educational interest." A cafeteria worker probably doesn't need access to special education evaluations. A substitute teacher doesn't need to see the home addresses of every student in the district. Grant access only to those who genuinely need it to do their jobs, and review those permissions regularly as staff roles change.
Securing digital records requires constant vigilance. With vast amounts of data flowing through systems like PIMS and residing in cloud platforms and local servers, your technical defenses must be strong. Implement robust firewalls, keep anti-malware software updated, and deploy intrusion detection systems. Back up data regularly and test those backups to ensure they actually work. Most importantly, have an incident response plan ready before you need it. When a breach happens (and in today's world, it's often "when" not "if"), you need to know exactly who does what and how quickly you can contain the damage.
Phishing prevention and ransomware defense deserve special attention. Educational institutions are prime targets for cyberattacks precisely because they hold valuable student data. A single employee clicking on a malicious link in a phishing email can expose thousands of student records. Ransomware attacks can lock down entire district systems, forcing schools to pay hefty ransoms or lose years of data. If you're not regularly testing your school's vulnerability to phishing attacks, now is the time to start. Consider scheduling a phishing audit to understand where your weaknesses lie.
The most critical investment you can make is in staff training. Technology alone won't protect student privacy. People make the decisions about what information to share and with whom. Every person who touches student information—teachers, administrators, counselors, IT staff, secretaries, nurses, and even third-party vendors—needs thorough training on FERPA and Pennsylvania's specific requirements.
Effective training covers what counts as an education record and personally identifiable information, what rights students and parents have, when disclosure is allowed with and without consent, how directory information and opt-outs work, why data security matters, and your school's specific policies and procedures. But here's the key: this can't be a one-time event. Privacy laws evolve. Threats change. Staff turnover means new people join your team regularly. You need initial training for all new staff and periodic refresher training for everyone.
Make your training engaging rather than a boring compliance exercise. People retain information better when it's presented in digestible, relevant ways. For strategies on building effective training programs that actually stick, check out our guide on Cybersecurity Training for Schools in 2025.
Building a security-conscious culture takes time, but it's worth the investment. When everyone in your building understands their role in protecting student privacy, compliance becomes second nature rather than a burden. That's when you've truly achieved All About FERPA Alignment in the PA Public School Code.
You're not alone if you have questions about how FERPA works in Pennsylvania schools. These are the questions we hear most often from administrators, teachers, and parents trying to steer the complexities of student privacy law.
Here's where things get interesting. The moment a student turns 18—or enrolls in a postsecondary institution, even if they're younger than 18—they become an "eligible student" under FERPA. At that point, all those FERPA rights we've been discussing transfer from the parents to the student themselves.
This means that in a Pennsylvania high school, once your child hits their 18th birthday, they technically control access to their own education records. Parents would need their 18-year-old's written consent to view grades, disciplinary records, or any other education records maintained by the school.
But wait—there's an important exception that many people don't know about. If the student is claimed as a dependent for income tax purposes, parents may still access their child's education records without needing the student's permission. This is true even if the student is 18 or older and still attending high school.
Each Pennsylvania school district should have a clear policy explaining how they handle this situation. If you're unsure about your district's specific approach, it's worth asking your school administrator to clarify. Understanding All About FERPA Alignment in the PA Public School Code includes knowing how your district implements this particular provision.
Both FERPA and PPRA are federal laws designed to protect student privacy, but they focus on completely different aspects of school life. Think of them as two different shields protecting different parts of your child's educational experience.
FERPA (the Family Educational Rights and Privacy Act) protects the privacy of existing education records. These are the files schools already have on students—academic transcripts, disciplinary actions, attendance records, health information maintained by the school nurse, IEP documents, and more. FERPA governs who can see these records, when parents or students can request changes, and under what circumstances the school can share them without consent.
PPRA (the Protection of Pupil Rights Act), on the other hand, protects students when schools are actively collecting new information through surveys, analyses, or evaluations funded by the U.S. Department of Education. If a school wants to survey students about sensitive topics—like their political beliefs, sexual behavior, mental health issues, family income, or religious practices—PPRA requires that parents be notified and give consent before their minor child can be required to participate. Parents also have the right to inspect any instructional materials used in these surveys.
The simplest way to remember the difference? FERPA protects the records schools already have. PPRA protects students from being required to reveal new sensitive information through surveys and evaluations. Both matter for Pennsylvania schools working toward comprehensive All About FERPA Alignment in the PA Public School Code.
This is one of the most misunderstood areas of FERPA, and the answer is: it depends on what the teacher does with those notes.
FERPA specifically excludes what it calls "sole possession records" from the definition of education records. These are personal notes that a teacher or counselor keeps strictly for their own use as a memory aid. To qualify as sole possession records, these notes must meet very specific conditions. They must be kept in the sole possession of the person who made them, used only as a personal memory aid, and never accessible to or shared with any other person—not even a substitute teacher.
The critical moment comes when sharing happens. If a teacher discusses those notes with another staff member, emails them to a colleague, or places them in a student's official file, they instantly lose their "sole possession" status. At that point, they become part of the student's education record, subject to all of FERPA's protections and parental access rights.
So yes, a teacher's truly private jottings—the ones kept in a personal notebook and never shared with anyone—can remain private. But the moment those observations are shared or formally recorded in any way, they become an education record that parents have the right to inspect and review. This distinction is important for Pennsylvania educators to understand as part of maintaining proper All About FERPA Alignment in the PA Public School Code.
Understanding All About FERPA Alignment in the PA Public School Code isn't a one-and-done task—it's an ongoing commitment that requires vigilance, adaptability, and a genuine dedication to protecting our students. As we've explored throughout this guide, FERPA establishes the federal foundation for student data privacy, but Pennsylvania's Public School Code builds upon that foundation with additional protections custom to our state's unique needs.
From the specific confidentiality requirements for protected handicapped students under 22 PA Code § 15.9 to the intricate balance of privacy and safety in Student Assistance Programs, from the mandatory disclosure of directory information to military recruiters to the sensitive handling of LGBTQ+ student records, Pennsylvania schools steer a complex web of federal and state obligations. The Pennsylvania Information Management System (PIMS) adds another dimension, concentrating vast amounts of student data in digital systems that, while essential for accountability and improvement, also present significant cybersecurity risks.
The stakes couldn't be higher. A single data breach can expose thousands of student records. A mishandled disclosure can violate a student's trust and your district's legal standing. The potential loss of federal funding, state fines, lawsuits, and reputational damage should motivate every school leader to prioritize data protection. But beyond the consequences, there's a more fundamental reason to get this right: every student deserves to learn in an environment where their privacy is respected and their information is secure.
The digital change of education means we're collecting more data than ever before. Test scores, attendance records, health information, disciplinary actions, special education plans, demographic data—it all lives somewhere in our systems. And increasingly, that "somewhere" is digital, making it both more accessible for legitimate educational purposes and more vulnerable to cyber threats. Phishing attacks, ransomware, and data breaches aren't abstract concepts anymore; they're real threats facing Pennsylvania schools every day.
Moving forward requires more than just checking compliance boxes. It demands a proactive, school-wide security culture where every staff member understands their role in protecting student privacy. It means implementing robust access controls, defining "legitimate educational interest" clearly, securing digital records with encryption and strong authentication, and maintaining constant vigilance against evolving cyber threats.
Staff training is the cornerstone of this effort. Teachers, administrators, counselors, nurses, IT staff, and even third-party vendors need regular, engaging training on FERPA requirements, Pennsylvania-specific rules, and cybersecurity best practices. When your staff can recognize a phishing email, understand when parental consent is required, and know how to handle sensitive student information properly, you've built a human firewall that complements your technical defenses.
To strengthen your school's defenses against one of the most common threats—phishing attacks that can lead to devastating data breaches—consider starting with a comprehensive phishing audit. Understanding where your vulnerabilities lie is the critical first step toward building true resilience.
At CyberNut, we've designed our cybersecurity training specifically for educational institutions like yours. Our automated, gamified micro-trainings make learning about phishing awareness engaging rather than tedious. We know your staff is busy; that's why our approach is low-touch and custom to the realities of K-12 education. When your team is equipped with the knowledge and skills to identify threats, you're not just protecting data—you're protecting students.
For more resources on building a comprehensive cybersecurity posture and ensuring complete All About FERPA Alignment in the PA Public School Code, explore our K-12 cybersecurity resources. Together, we can create safer, more secure learning environments where every Pennsylvania student can thrive without worrying about their privacy being compromised.
Oliver Page
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