How does FERPA safeguard children’s data privacy in schools?
Since 2005, US K–12 districts, colleges, and universities have seen over 2,500 data breaches, impacting nearly 32 million records. The safety of student educational records is of paramount concern: at the forefront of this defence is FERPA, designed to uphold student privacy.
Established in 1974, the Family Educational Rights and Privacy Act (FERPA) safeguards students' educational data rights across US institutions. It grants parents and students control over their records and restricts schools from disclosing identifiable information without consent.
What are some of FERPA’s core provisions?
Right to access: students and parents hold the right to access educational records within 45 days of request. This includes CCTV records.
Challenge and correct: students and parents possess the authority to challenge and seek amendments for misleading or inaccurate records.
Limiting unauthorised disclosures: FERPA firmly restricts the unauthorised release of student data, demanding written consent for most instances of data sharing. Schools can share certain "directory" information like names and addresses. However, they must first inform students and guardians, who have the option to opt out.
Annual notification: schools must inform students and parents of their FERPA rights annually.
Enforcement: non-compliance can lead to severe penalties, including potential loss of federal funding.
Is FERPA sufficient in today's context?
While it's undeniable that accurate educational records play a pivotal role in shaping a student's future, the surge in the use of digital platforms, like learning management systems, intensifies the risk of data breaches. In April this year, there had already been 11 breaches in school environments, with over 3,500 impacted records. That number only continues to rise.
Some believe that FERPA's broad definitions (and its 2011 amendments), which allow data sharing with third parties create loopholes. This can potentially enable the EdTech sector to sidestep stringent regulations like COPPA. Adding to these concerns, the US Education Department has faced criticism for its delays in addressing FERPA complaints - a 2018 audit highlights a significant backlog.
On top of this, this federal act often intersects with state-specific laws like California's CCPA, which occasionally results in overlaps or contradictions.
With platforms like Zoom and Blackboard becoming central to education, there is clearly a pressing need to revisit and reinforce FERPA.
The road ahead and staying compliant
The evolution of digital education necessitates modernising FERPA to address today's challenges. Periodic reviews of FERPA would allow it to stay more relevant, security measures like advanced encryption and two-factor authentication should be mandated, and there is a need for stricter oversight of educational technology companies so they adhere to rigorous data privacy standards.
While FERPA has yet to see a major overhaul, various state-led initiatives on student privacy legislation further emphasise the urgency to increase student privacy protections.
There are also federal efforts to reinforce the Act. A 2023 White House press release announced that the Department of Education is actively bolstering FERPA. They have updated its provisions, promoted better transparency with clear consent forms, offered best practice guidance on third-party vendor contracts, and collaborated with key agencies to promote digital safety and responsible device use in schools.
For all educational institutions, vigilance is key:
Train staff regularly on FERPA.
Periodically audit data storage practices.
Maintain transparent communication about FERPA rights with stakeholders.
Keep abreast of FERPA changes.
While FERPA has historically served as the cornerstone for protecting student data, the contemporary challenges posed by technology, social media and modern styles of learning require a re-evaluation of its provisions. The safety and privacy of student data is not just a legislative responsibility, but also an ethical one for all educational institutions.