All About FERPA:

Why FERPA Remains Critical for K-12 Schools in 2025

All About FERPA: The Federal Student Privacy Law That Still Matters in 2025 is a crucial guide for K-12 IT directors navigating student data protection. Passed in 1974, the Family Educational Rights and Privacy Act (FERPA) remains a cornerstone of privacy for students and families in our digital age.

FERPA applies to all schools receiving federal funds and grants parents four core rights regarding their children's education records: the right to access, amend, consent to disclosure, and file complaints. The school's key responsibility is to protect the personally identifiable information (PII) within these records.

However, schools sometimes misuse FERPA, citing it to avoid transparency, as in cases where they deny parents access to surveillance footage of an incident. This confusion underscores the need for clarity.

In 2025, understanding FERPA is more critical than ever. The shift to digital learning, reliance on third-party vendors, and a surge in cybersecurity threats targeting schools have raised the stakes. With parent awareness of privacy rights at an all-time high, proper FERPA compliance is essential for building trust and protecting sensitive student information.

What is FERPA? Core Rights and Key Definitions

FERPA (the Family Educational Rights and Privacy Act), also known as the Buckley Amendment, is a 1974 federal law that acts as a security guard for student records. If your school receives federal funding—as virtually all public K-12 schools do—FERPA applies. The law gives parents and students specific rights over their education records, putting families in control of their information. For full details, see the Family Educational Rights and Privacy Act (FERPA) official FAQ.

Defining an 'Education Record'

An education record is any record directly related to a student that your school maintains, regardless of format (paper, digital, video, etc.).

• What's included: This is a broad category covering grades, transcripts, disciplinary actions, health and immunization records, and any personally identifiable information (PII). PII includes not just names and addresses but also student IDs, social security numbers, and other indirect identifiers.
• What's excluded: An educator's sole-possession notes (private notes not shared with others) and law enforcement unit records (records maintained by campus security for law enforcement purposes) are generally not considered education records. For more details, see What records are exempted from FERPA? | Protecting Student Privacy.

Core Rights for Parents and Eligible Students

FERPA grants four fundamental rights to parents. These rights transfer to the student when they turn 18 or enroll in a postsecondary institution, at which point they become an "eligible student."

1. The right to inspect and review: Parents and eligible students can access education records. Schools have 45 days to provide access and cannot charge for the time it takes to retrieve them.
2. The right to request amendments: If a record contains information that is inaccurate or misleading, families can ask the school to correct it. If the school refuses, it must offer a formal hearing.
3. The right to consent to disclosures: Schools generally need written permission before sharing a student's PII with third parties. There are, however, important exceptions.
4. The right to complain: Families can file complaints with the Department of Education's Family Policy Compliance Office if they believe their rights have been violated.

Proactively communicating these rights, especially the transfer of rights at age 18, helps build trust with your school community. The Parent Guide to the Family Educational Rights and Privacy Act (FERPA) is an excellent resource to share.

FERPA in 2025: Evolution, Compliance, and Modern Challenges

When FERPA passed in 1974, student records were on paper in filing cabinets. Today, All About FERPA: The Federal Student Privacy Law That Still Matters in 2025 addresses a world of cloud platforms and learning apps. The law has evolved through amendments like the Patriot Act and 2012 Final Regulations, which expanded data sharing exceptions, a move some privacy advocates criticized.

Today, compliance requires more than the annual notification of FERPA rights. It demands robust cybersecurity measures to protect digital student data. As we've seen at CyberNut, strong Cybersecurity for Educational Institutions is fundamental to FERPA compliance.

How EdTech and Third-Party Vendors Impact FERPA

The modern classroom's reliance on EdTech creates new privacy challenges. The "school official" exception allows schools to share PII with vendors who have a "legitimate educational interest," but this requires careful oversight.

• Vet vendors thoroughly: Scrutinize terms of service to ensure data is used only for educational purposes.
• Use clear data sharing agreements: Contracts must specify what data is shared, how it's used, and what happens when the contract ends.
• Secure cloud services: Understand where data is stored and what security measures, like encryption, are in place.

Failure to manage vendors properly can lead to inadvertent data exposure. For guidance, see Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices.

The Role of Data Redaction in Compliance

When a parent requests a record that includes other students, you must redact the PII of those other students before sharing. This can be complex, and schools cannot charge parents for redaction costs. More information is available at Schools cannot charge for redaction or segregation costs.

Manual redaction is time-consuming and error-prone. Automated redaction tools offer a more efficient and reliable solution, reducing the risk of accidental disclosure and providing an audit trail for compliance.

How FERPA Interacts with Other Privacy Laws

FERPA is part of a web of privacy laws schools must steer:

• The Protection of Pupil Rights Amendment (PPRA) gives parents rights regarding surveys on sensitive topics.
• The Children's Online Privacy Protection Act (COPPA) requires parental consent before collecting personal information from children under 13 online. See the Federal Trade Commission’s (FTC) Children’s Online Privacy Protection Act (COPPA) 1998.
• The Children's Internet Protection Act (CIPA) requires internet filtering and safety policies in schools receiving certain federal funds.

Understanding how these laws work together is key to building a comprehensive privacy program.

All About FERPA: The Federal Student Privacy Law That Still Matters in 2025 in Practice

Understanding the text of FERPA is one thing; applying it is another. All About FERPA: The Federal Student Privacy Law That Still Matters in 2025 is often tangled in confusion, leading schools to misuse the law as a shield to avoid transparency.

Common Violations and Misuse: A Look at All About FERPA: The Federal Student Privacy Law That Still Matters in 2025

Common missteps often involve misinterpreting FERPA's scope.

• Using FERPA as an improper shield: Schools may deny access to surveillance video of an incident by citing other students' privacy. However, FERPA is a records statute, not an information statute. It protects documents, not a staff member's personal observation.
• Denying legitimate access: Unnecessarily delaying or complicating a parent's request to see their child's records violates a core tenet of the law.
• Improper disclosure: This can range from accidentally including PII in a mass email to more serious breaches like sharing data with unauthorized third parties.
• Data breaches and device theft: While not a direct disclosure violation, losing an unencrypted laptop with student data or suffering a hack due to poor security violates the spirit of FERPA and erodes trust.

Penalties and Enforcement: The Reality of All About FERPA: The Federal Student Privacy Law That Still Matters in 2025

The Department of Education’s Family Policy Compliance Office (FPCO) investigates FERPA complaints. While it has the authority to withdraw all federal funding—a financial death penalty for public schools—the reality is different.

In over 50 years, the Department of Education has never withdrawn funding from any school for FERPA violations. The FPCO prefers to work with schools to correct violations rather than punish them. This approach, however, can lead schools to be overly cautious, withholding information they could legally share.

Special Considerations and Scenarios

FERPA's application varies in different contexts.

• K-12 vs. Higher Education: In K-12, parents hold the rights. Once a student turns 18 or enrolls in college, the rights transfer entirely to the student.
• Prison Education Programs: Managing student data between educational and correctional facilities requires careful agreements and redaction policies. More can be found at Understanding Family Educational Rights and Privacy Act (FERPA) in prisons.
• Sensitive Information: Topics like gender identity and disciplinary actions require a delicate balance between student privacy and parental rights to inspect records. Schools must protect student privacy while remaining accountable to their communities on how they handle serious incidents.

How to Assert Your Rights and Promote a Culture of Privacy

Knowing your rights under All About FERPA: The Federal Student Privacy Law That Still Matters in 2025 is the first step. The next is using those rights effectively and, for schools, creating a culture where privacy is a priority.

For Parents and Students: Filing a Complaint

If you believe your FERPA rights have been violated, follow these steps:

1. Start locally: Contact the teacher, principal, or district superintendent. Most issues arise from misunderstandings.
2. Document everything: Keep records of conversations, emails, and letters. This documentation is vital if you need to escalate the issue.
3. Escalate if necessary: If the issue isn't resolved locally, file a complaint with the Family Policy Compliance Office (FPCO). The process is free and explained at How to file a FERPA complaint.

For Schools: Proactive Compliance and Cybersecurity

For school leaders, FERPA compliance is about building trust. A proactive approach is essential in the digital age.

• Annual Notifications: Use the required annual FERPA notification as an opportunity to educate families on their rights and your commitment to privacy.
• Cybersecurity Frameworks and Risk Assessments: Adopt a framework like NIST CSF or CIS Controls and conduct regular risk assessments to identify and patch vulnerabilities in your data handling processes.
• Staff Training: Your privacy program is only as strong as your staff. Training must be ongoing and address real-world scenarios. Phishing awareness is especially critical, as email attacks are a primary vector for data breaches.
• Encryption and Access Controls: Encrypt student data at rest and in transit. Implement role-based access controls to ensure staff can only view information relevant to their duties.
• Monitoring and Auditing: Log and monitor access to sensitive data to detect unusual activity before it becomes a breach.

A comprehensive Data Security and Privacy Plan integrates these elements into a cohesive strategy. For more on training, see our A Comprehensive Guide to Cybersecurity Training for Schools in 2025.

Frequently Asked Questions about FERPA

Here are answers to common questions about All About FERPA: The Federal Student Privacy Law That Still Matters in 2025.

Can a school share my child's information in a health or safety emergency?

Yes. In a genuine health or safety emergency, schools can share student information without prior consent. The threat must be articulable and significant, such as an active shooter or severe medical event. The school must evaluate each situation on a case-by-case basis and practice limited disclosure, sharing only necessary information with those who can help resolve the emergency, like law enforcement or paramedics.

Does FERPA apply to photos and videos taken at school?

It depends on the context. A photo or video is protected by FERPA if it is part of a student's education record. For example, security footage used for a disciplinary incident is likely a protected record. However, a photo from a public event like a school play, which doesn't link a student to their educational record, may not be.

Many schools address this by classifying photos as directory information, which can be shared unless parents opt out. The Department of Education offers detailed FAQs on Photos and Videos under FERPA.

What's the difference between "directory" and "non-directory" information?

This distinction governs what schools can share without specific consent.

• Directory information is data that is not generally considered harmful or an invasion of privacy if disclosed. Examples include a student's name, address, dates of attendance, and awards received. Schools must notify parents annually about what they classify as directory information and give them a chance to opt out of its release.

• Non-directory information is all other sensitive data, such as grades, disciplinary records, and health information. This information requires written consent from the parent or eligible student before it can be shared, unless a specific FERPA exception applies.

Conclusion

As we conclude this guide to All About FERPA: The Federal Student Privacy Law That Still Matters in 2025, it's clear that this 1974 law is more relevant than ever. In an era of cloud servers and EdTech platforms, FERPA's core mission—giving parents and students control over their educational records—remains vital.

This is a shared responsibility. Parents must know their rights, students must take ownership of their privacy at age 18, and schools must lead the way with proactive compliance.

In 2025, proactive compliance is synonymous with strong cybersecurity. Every data breach and successful phishing attack is a potential FERPA violation that erodes the trust of the families you serve. A teacher who clicks a malicious link can inadvertently expose thousands of student records, turning a security lapse into a privacy crisis.

This is why CyberNut was created. We saw that generic cybersecurity training fails in the K-12 environment. Our custom K-12 training targets the biggest threat schools face—phishing—with automated, gamified micro-trainings that are engaging and effective. We empower your staff to become your strongest defense.

Concerned about your school's vulnerability to phishing attacks that could compromise student data? Don't wait for an incident. Get a free phishing audit today to identify your weak points and strengthen your defenses.

To build a stronger culture of privacy and security in your institution, explore our cybersecurity resources. In 2025, protecting student privacy is about building trust, and it starts with securing your data.