What Is FERPA and Why Does It Matter?
FERPA, enacted in 1974, grants important rights to parents and students while establishing strict requirements for schools that receive federal funding. Nearly all public K-12 schools, colleges, and universities fall under its scope.
The law was created in response to growing concerns about student privacy and the need for families to have control over educational records. Over the decades, FERPA has evolved to address new educational technologies, electronic records, and online learning platforms.
FERPA’s importance cannot be overstated. It protects personally identifiable information, regulates how records are shared, and establishes accountability mechanisms for institutions. Compliance prevents federal penalties and promotes trust between schools, families, and students.
FERPA Rights for Parents and Students
FERPA gives parents and eligible students (those who are 18 or enrolled in postsecondary education) three primary rights: the ability to review education records, the ability to request amendments to inaccurate or misleading information, and the right to control how personally identifiable information is disclosed.
Right to Inspect and Review Education Records
Schools must provide parents or eligible students access to their records upon request, typically within 45 days. This includes transcripts, disciplinary files, and accommodation records.
Right to Request Amendment of Records
Parents or students can request corrections to records they believe are inaccurate or misleading. Institutions must review requests carefully and provide responses in accordance with federal law.
Right to Control Disclosure
Schools generally must obtain written consent before disclosing personally identifiable information. Exceptions include directory information, emergencies, and disclosures to certain school officials under a legitimate educational interest.
Risks of Non-Compliance
Ignoring FERPA obligations carries significant consequences. Beyond potential loss of federal funding, schools may face investigations by the U.S. Department of Education’s Family Policy Compliance Office (FPCO), lawsuits, and reputational damage that erodes community trust. Mishandling student records can also lead to conflicts with state privacy laws, further complicating compliance efforts. FERPA compliance is not just a statutory obligation but a cornerstone of maintaining confidence between students, families, and the institution.
Recent trends highlight the growing emphasis on digital privacy. Schools increasingly rely on cloud platforms and online learning systems, which can create vulnerabilities if access controls and consent procedures are inadequate. Proactive audits and robust policies are essential to mitigating these risks.
Dr. Gregory J. Vincent – Ohio’s Authority in Education Law
With decades of experience in civil rights enforcement, higher education leadership, and policy development, Dr. Gregory J. Vincent has been instrumental in shaping education policy compliance strategies across the nation. As a former Ohio Assistant Attorney General, he led statewide education investigations, advised universities on policy reforms, and played a key role in ensuring institutional adherence to civil rights laws.
Dr. Vincent’s career includes leadership roles in university administration, diversity initiatives, and legal advocacy, making him a sought-after authority in education policy audits.
- Former Ohio Assistant Attorney General
- Senior Counsel, National Diversity Council
- Executive Director, Education & Civil Rights Initiative, University of Kentucky
- Former Vice President & Professor of Law, University of Texas at Austin
- 2017 Champion of Change Award
- 2023 Dr. Theodore Judson Jemison President’s Award
Dr. Vincent’s expertise ensures that schools and universities receive tailored legal solutions that promote compliance and institutional excellence.
FERPA Compliance & Legal Services
At Gregory Vincent Law, we provide a full suite of FERPA-related legal services. Our work ensures that schools and universities can proactively prevent violations, respond effectively to complaints, and safeguard student privacy.
FERPA Policy Development & Audits
Strong compliance begins with well-crafted policies. We work with institutions to draft and review procedures for handling student records, conduct internal audits to identify potential gaps, and ensure every policy aligns with both federal law and Ohio’s specific education code. Schools reduce the risk of costly disputes by addressing weaknesses before they escalate and strengthening their overall governance.
FERPA Investigations & Defense
When a complaint reaches the U.S. Department of Education, institutions are under immense pressure to respond quickly. Our firm represents schools during federal inquiries, prepares thorough responses to the Family Policy Compliance Office (FPCO), and develops defense strategies to limit liability. These investigations can be disruptive, but with experienced legal guidance, schools can navigate the process without compromising their credibility.
Training & Institutional Support
Compliance is only as strong as the people who implement it. Even the best-written policies will fail if staff and faculty are not trained to follow them. Gregory Vincent Law provides comprehensive training programs for administrators, faculty, and staff, ensuring that everyone understands how to handle record requests, when to require consent, and how to avoid inadvertent disclosures.
FERPA and Other Education Laws
FERPA often intersects with Title IX, the Americans with Disabilities Act (ADA), and state-specific education regulations. For example, schools must carefully balance student privacy rights with the requirements of a Title IX investigation or a disability accommodation under the ADA or IDEA. Our holistic approach ensures institutions comply with FERPA and the broader network of education laws.
Education Policy Audits Strengthen Your Institution
FERPA compliance is part of a larger picture of institutional accountability. A comprehensive education policy audit examines not only FERPA but also Title IX, ADA, IDEA, and relevant state regulations. These audits identify risks, clarify responsibilities, and create legally sound and practically effective policies. Institutions that take a forward-looking approach to compliance position themselves to protect student rights, reduce liability, and foster safe, inclusive learning environments.
Get in TouchFrequently Asked FERPA Questions
Who Must Comply with FERPA?
All schools, districts, and higher education institutions that receive federal funding must comply with FERPA. This includes virtually all public K-12 schools and colleges as well as many private universities.
What Records Are Protected?
FERPA covers educational records in nearly every form. Academic records, transcripts, disciplinary files, billing information, financial aid details, and even accommodation requests under disability law all fall within its scope. Any record containing personally identifiable information tied to a student is generally protected.
What Happens If an Institution Violates FERPA?
Violations can trigger Department of Education investigations, lead to the loss of federal funding, and expose institutions to lawsuits. Just as damaging, mishandling sensitive records undermines community trust and can have long-term reputational effects.
How Can Schools Prevent Violations?
Proactive compliance provides the best prevention. Regular policy audits, faculty and staff training, and clear procedures for handling complaints create a strong foundation. Partnering with experienced legal counsel ensures that schools are prepared for even the most complex compliance challenges.