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Family Educational Rights and Privacy Act (FERPA)

Documentation Updated: 2025-03-09

Description​

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law that protects the privacy of student education records. It gives parents and eligible students the right to access, correct, and control the disclosure of educational records. FERPA is essential for ensuring that student data is handled responsibly by educational institutions and their partners.

Scope & Applicability​

FERPA applies to educational institutions that receive federal funding, encompassing both K-12 schools and post-secondary institutions.

  • Covered Entities: Public and private schools and universities that receive federal funds, as well as their contractors.
  • Data Types: Education records, including academic, disciplinary, and personal information that can identify a student.
  • Key Exemptions: Personal notes maintained by educators and certain law enforcement records not intended for public disclosure.

Key Requirements​

Educational institutions must provide parents and eligible students with rights regarding education records:

  • Allow parents and eligible students to inspect and review education records.
  • Obtain written consent before disclosing personally identifiable information, except under certain exceptions.
  • Special Focus Areas:
    • Access and Correction Rights: Provide mechanisms for reviewing and correcting inaccurate records.
    • Disclosure Limitations: Only share data with authorized school officials or under specific exceptions.
  • Additional Focus: Maintain annual notifications to inform families of their rights under FERPA.

Impact on LLM/AI Deployments​

When using AI in educational contexts, systems must ensure the protection of student data:

  • Data Processing: AI systems must use either de-identified data or obtain explicit consent before processing education records.
  • Access Controls: Provide secure methods for educators to access and review AI-generated summaries or predictions.
  • User Rights: Ensure that students and parents can request corrections or deletions of data used by AI tools.
  • Security and Observability Considerations:
    • Access Management: Restrict AI system access to authorized educational staff.
    • Audit Logging: Keep detailed logs of all data accesses and processing events.
    • Encryption: Protect data both in transit and at rest.
    • Regular Compliance Checks: Perform periodic audits to ensure data handling aligns with FERPA.
    • Incident Response: Establish protocols for quickly addressing unauthorized disclosures.

Enforcement & Penalties​

FERPA is enforced by the Family Policy Compliance Office within the U.S. Department of Education.

  • Enforcement Body: U.S. Department of Education’s Family Policy Compliance Office.
  • Fines and Penalties:
    • Federal Funding Risk: Violations can lead to the withdrawal of federal funding.
    • Reputational Damage: Non-compliance can harm the institution’s reputation and trigger legal challenges.
  • Additional Enforcement Mechanisms: Institutional reviews and corrective action plans.
  • Operational Impacts: Failure to comply may require significant changes to data management and increased oversight of AI systems.

Resources & References​