How Can Schools Stay Compliant with FERPA in Online Education?

Table of Contents

• What is FERPA?
• Why FERPA Matters in Online Education
• Key FERPA Requirements for Schools
• Challenges of FERPA Compliance in Online Education
• Practical Steps to Ensure FERPA Compliance
• Tools and Technologies for FERPA Compliance
• Conclusion
• Frequently Asked Questions (FAQs)

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) is a U.S. federal law enacted in 1974 to protect the privacy of student education records. It applies to all schools that receive funding from the U.S. Department of Education, which includes most public schools and many private institutions. FERPA gives parents and eligible students (those 18 or older) specific rights regarding their education records, such as:

• The right to access and review their records.
• The right to request corrections to inaccurate records.
• The right to control who can access their records, with some exceptions.

FERPA defines "education records" as any information directly related to a student and maintained by the school, including grades, transcripts, disciplinary records, and even digital data like emails or recorded class sessions. In online education, where data is often stored on cloud platforms or shared through learning management systems (LMS), FERPA compliance becomes even more critical.

Why FERPA Matters in Online Education

Online education relies heavily on technology, from video conferencing tools like Zoom to LMS platforms like Canvas or Google Classroom. These tools collect and store vast amounts of student data, from login credentials to assignment submissions. Without proper safeguards, this data could be mishandled, shared inappropriately, or exposed to security breaches. FERPA matters because it:

• Protects student privacy by limiting who can access sensitive information.
• Ensures parents and students have control over their personal data.
• Helps schools avoid legal penalties, including loss of federal funding.
• Builds trust, encouraging families to embrace online learning without fear of privacy violations.

Non-compliance can lead to serious consequences, including lawsuits, reputational damage, and loss of funding. For schools transitioning to or expanding online programs, understanding FERPA is the first step toward creating a secure and trustworthy learning environment.

Key FERPA Requirements for Schools

To stay compliant with FERPA, schools must adhere to several key requirements. The table below summarizes these obligations and their implications for online education:

Challenges of FERPA Compliance in Online Education

Online education introduces unique challenges for FERPA compliance. Here are some common hurdles schools face:

• Third-Party Vendors: Many schools rely on external platforms for online learning, such as Google Classroom, Microsoft Teams, or Zoom. These vendors may store student data, raising concerns about how it’s handled and whether it complies with FERPA.
• Data Breaches: Online systems are vulnerable to cyberattacks, which can expose sensitive student information. Schools must ensure robust cybersecurity measures are in place.
• Remote Proctoring: Tools used for remote testing often record video or audio, which may qualify as education records under FERPA, requiring careful handling.
• Parental Access: Providing parents with access to digital records can be challenging, especially if they lack technical skills or reliable internet access.
• Training Gaps: Teachers and staff may not be fully trained on FERPA requirements, leading to unintentional violations, such as sharing student information in unsecure ways.

These challenges highlight the need for proactive measures to protect student privacy in virtual classrooms.

Practical Steps to Ensure FERPA Compliance

Schools can take several practical steps to stay compliant with FERPA in online education. Here’s a roadmap to guide administrators and educators:

• Develop a FERPA Policy: Create a clear, written policy outlining how the school handles student data, including procedures for online platforms. Share this policy with staff, students, and parents.
• Train Staff Regularly: Conduct annual training sessions for teachers and administrators on FERPA requirements, focusing on online education scenarios. Include examples like avoiding sharing student grades in group emails.
• Vet Third-Party Vendors: Before using an LMS or other tools, ensure vendors sign a FERPA-compliant contract (often called a Data Privacy Agreement) that outlines how they protect student data.
• Use Secure Platforms: Choose online tools with strong security features, such as end-to-end encryption, two-factor authentication, and regular security audits.
• Obtain Consent: When required, get written consent from parents or eligible students before sharing education records with external parties, such as tutoring services.
• Limit Data Sharing: Only share the minimum amount of student information necessary. For example, avoid including full names in public-facing class recordings.
• Provide Parental Access: Set up secure portals where parents can view their child’s records. Offer technical support to ensure accessibility.
• Monitor Compliance: Assign a FERPA compliance officer to regularly audit online systems and ensure adherence to privacy policies.

By implementing these steps, schools can create a secure online learning environment that respects student privacy.

Tools and Technologies for FERPA Compliance

Technology can be both a challenge and a solution for FERPA compliance. Here are some tools and features that can help schools stay compliant:

• Secure LMS Platforms: Platforms like Canvas, Blackboard, and Moodle offer FERPA-compliant features, such as role-based access controls and encrypted data storage.
• Cloud Security Solutions: Tools like Google Workspace for Education and Microsoft Azure provide FERPA-compliant cloud storage with robust security protocols.
• Consent Management Tools: Software like OneTrust or PrivacyEngine can streamline the process of obtaining and tracking parental consent.
• Data Encryption Software: Use tools like VeraCrypt or BitLocker to encrypt sensitive student data stored on school servers or devices.
• Secure Video Conferencing: Platforms like Zoom for Education offer settings to disable recording or restrict access, helping protect student privacy during virtual classes.

When selecting tools, schools should verify that vendors comply with FERPA and other relevant privacy laws, such as the Children’s Online Privacy Protection Act (COPPA).

Conclusion

Staying compliant with FERPA in online education is a critical responsibility for schools, ensuring that student privacy is protected in an increasingly digital world. By understanding FERPA’s requirements, addressing challenges, and implementing practical steps like staff training, secure platforms, and clear policies, schools can create a safe and trustworthy online learning environment. Technology, when used thoughtfully, can support compliance efforts, from encrypted LMS platforms to secure video conferencing tools. Ultimately, FERPA compliance is about more than avoiding penalties—it’s about fostering trust and empowering students and families to engage in online education with confidence. By prioritizing privacy, schools can lead the way in delivering high-quality, secure virtual education.

Frequently Asked Questions (FAQs)

What is FERPA?

FERPA is a federal law that protects the privacy of student education records and gives parents and eligible students rights to access and control those records.

Does FERPA apply to online education?

Yes, FERPA applies to any school receiving federal funding, including those offering online education, as long as they maintain education records.

What qualifies as an education record under FERPA?

An education record includes any information directly related to a student, such as grades, transcripts, or digital data like class recordings or LMS logs.

Can schools share student data with online platforms?

Schools can share data with third-party platforms if they obtain parental consent or if the platform meets FERPA’s “school official” exception with a legitimate educational interest.

What is the “school official” exception?

This exception allows schools to share education records with staff or vendors (like LMS providers) who have a legitimate educational interest, without parental consent, if proper safeguards are in place.

Are recorded online classes considered education records?

Yes, if a recording includes identifiable student information, such as names or faces, it is considered an education record and must be protected under FERPA.

How can schools ensure data security in online education?

Schools should use encrypted platforms, enforce strong passwords, enable two-factor authentication, and regularly audit systems for vulnerabilities.

What happens if a school violates FERPA?

Violations can lead to investigations, loss of federal funding, lawsuits, and reputational damage.

Do private schools need to comply with FERPA?

Private schools must comply with FERPA only if they receive federal funding, which many do through programs like Title I or IDEA.

How often should schools train staff on FERPA?

Annual training is recommended, with additional sessions for new staff or when new online tools are adopted.

Can parents access their child’s online grades?

Yes, parents have the right to access their child’s education records, including online grades, within 45 days of a request.

What is a Data Privacy Agreement?

It’s a contract between a school and a third-party vendor (e.g., an LMS provider) that outlines how student data will be protected in compliance with FERPA.

Are emails between teachers and students protected by FERPA?

Yes, if the emails contain personally identifiable information about a student, they are considered education records.

Can schools use Zoom for online classes?

Yes, but they must use FERPA-compliant settings, such as disabling recordings or restricting access to authorized users only.

How can schools notify parents of their FERPA rights?

Schools can send annual notifications via email, post them on their website, or include them in student handbooks.

What is directory information under FERPA?

Directory information includes non-sensitive data like a student’s name, address, or phone number, which schools can disclose unless parents opt out.

Can students opt out of directory information sharing?

Yes, parents or eligible students can request that schools not share directory information, and schools must honor this request.

Do online proctoring tools comply with FERPA?

They can, but schools must ensure the tools have proper security measures and obtain consent if the tools collect education records, like video recordings.

How long do schools have to respond to a records request?

Schools must provide access to education records within 45 days of a parent or eligible student’s request.

Can schools be audited for FERPA compliance?

Yes, the U.S. Department of Education may audit schools to ensure they are following FERPA regulations.