10 Common misconceptions about FERPA
The Family Educational Rights and Privacy Act (FERPA) remains one of the most important privacy laws in the United States, governing how educational institutions manage and protect student records. However, despite its long-standing presence, FERPA is often misunderstood by educators, administrators, and even parents. Misinterpretations can lead to either overly restrictive practices that hinder communication or, conversely, gaps in compliance that put institutions at risk.
This article addresses some of the most common misconceptions about FERPA and clarifies what the law actually requires in practice.
Misconception 1: FERPA applies only to K–12 schools
FERPA applies broadly to all educational agencies and institutions that receive funding under programs administered by the U.S. Department of Education. This includes both K–12 schools and postsecondary institutions such as colleges and universities. Any school that accepts federal funds must comply with FERPA, regardless of whether it is public or private.
Misconception 2: FERPA prevents schools from sharing any information
A frequent misunderstanding is that FERPA prohibits schools from disclosing any information about students without prior written consent. In reality, FERPA permits the disclosure of “directory information” unless parents or eligible students opt out. Directory information may include a student’s name, grade level, honors received, or participation in extracurricular activities.
Additionally, FERPA allows disclosures without consent under several exceptions, such as sharing records with school officials who have a legitimate educational interest, complying with a judicial order, or addressing a health or safety emergency.
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Misconception 3: Teachers cannot discuss a student’s progress with parents
FERPA gives parents the right to access their child’s educational records until the student turns 18 or enters postsecondary education. This means teachers and administrators may - and often should - discuss a student’s performance with parents. Restrictions generally come into play only when students become “eligible students” at the age of majority or upon enrollment in higher education. At that point, parental rights transfer to the student.
Misconception 4: FERPA covers all types of student information
It is important to note that FERPA applies specifically to “education records,” defined as records directly related to a student and maintained by an educational agency or institution. Not every piece of information falls under this definition. For example, personal observations made by a teacher that are not recorded in an official record are not covered by FERPA. Similarly, records maintained by law enforcement units within a school - such as campus police - are generally excluded from FERPA’s scope.
Misconception 5: Schools cannot share records with other institutions
When a student transfers to a new school, educational records can be shared between institutions without parental or student consent. This ensures continuity in a student’s education and allows schools to make informed decisions. FERPA recognizes this as a legitimate educational need and provides an explicit exception for such disclosures.
Misconception 6: FERPA conflicts with state privacy laws
Some administrators believe that compliance with FERPA means they do not need to follow state privacy laws, or vice versa. In reality, FERPA establishes a federal baseline, but schools must also comply with applicable state laws, which may impose additional requirements. When conflicts arise, schools are generally expected to follow whichever law affords greater protection to the student’s information.
Misconception 7: Consent must always be written
While written consent is the most common form of authorization under FERPA, the law does not strictly require it to be in writing. Consent must be “signed and dated” and must specify the records to be disclosed, the purpose of the disclosure, and the parties to whom the disclosure may be made. This can include electronic formats that meet these criteria.
Misconception 8: FERPA prohibits the use of technology in the classroom
The increasing reliance on digital tools has raised questions about whether FERPA restricts the use of online platforms or cloud services. FERPA does not prohibit technology use; however, it requires schools to ensure that vendors handling student data do so under conditions that maintain the confidentiality and integrity of education records. Agreements with third-party providers must clearly define how data is used, stored, and protected.
Misconception 9: FERPA prevents schools from sharing information in emergencies
One of the most significant clarifications is that FERPA allows the disclosure of information without consent in emergencies where the health or safety of a student or others is at risk. For example, if a student poses a threat of harm, schools may share information with law enforcement or medical professionals as necessary. FERPA balances privacy with practical safety needs in these circumstances.
Misconception 10: FERPA enforcement is rare or minimal
Another misconception is that FERPA is rarely enforced. In fact, the U.S. Department of Education actively investigates complaints of violations. Schools found to be in noncompliance risk losing federal funding, among other consequences. Beyond legal enforcement, institutions also face reputational risks if they fail to handle student information responsibly.
Why accuracy matters
Understanding what FERPA does and does not require is crucial for schools, educators, and administrators. Misinterpretations can lead to confusion, unnecessary restrictions on communication, or, worse, compliance failures that expose institutions to legal and reputational harm.
With the rise of digital recordkeeping, cloud storage, and online communication tools, the need for clarity around FERPA has never been greater. Schools must ensure that their practices not only comply with the letter of the law but also align with its broader purpose: protecting student privacy while enabling effective education.
For schools seeking to strengthen their compliance frameworks, investing in secure digital tools is an essential step. Solutions designed for the education sector can help institutions maintain secure digital privacy in schools, ensuring that sensitive student information is handled with care and precision.
Final thoughts
FERPA is often misunderstood, but its principles are straightforward once myths are dispelled. By recognizing what the law actually requires - and what it allows - schools can better balance the twin goals of privacy and transparency. Moving beyond misconceptions enables institutions to focus on what matters most: supporting students while safeguarding their rights.