In this article

Introduction
Data breaches in the education sector
Five-layered compliance framework
Conclusion

FERPA Compliance: A Complete Guide for Educational Institutions

24 Dec 2024

3 min read

Vijay Krishna

Blog Articles

Article at a glance

Educational institutions must protect student records to comply with FERPA regulations and mitigate risks such as penalties, lawsuits, and reputational damage.

Effective compliance strategies include implementing strict access controls, encrypting sensitive data, providing continuous staff training, and establishing a robust breach response plan.

With human error being a primary cause of data breaches, regular training empowers employees to understand FERPA requirements, securely manage sensitive information, and identify cybersecurity threats.

Compliance is essential for schools and colleges, especially under the Family Educational Rights and Privacy Act (FERPA). This law gives parents and students control over access, review, and sharing of student records. Violations of FERPA regulations, such as accidental leaks or employee misconduct, can lead to serious consequences, including loss of funding, reputational harm, and corrective actions by the U.S. Department of Education.

Even small mistakes, like accidentally sharing a student’s GPA, can have legal and financial consequences. This guide will help you understand how to achieve FERPA compliance in your institution.

Background and statistics on data breaches in the education sector

Data breaches and compliance in the education sector

Cyberattacks increasingly target educational institutions, with breaches highlighting the need for robust FERPA compliance requirements. Recent statistics reveal the severity of the problem:

In 2023, ransomware attacks against K–12 and higher education institutions surged by 105%, marking it as the worst year on record for such incidents.
The global average cost of a data breach in 2024 reached $4.88 million, marking a 10% increase from the previous year and the highest total ever recorded. (Cost of a Data Breach Report 2024)
A notable incident contributing to these statistics is the MOVEit transfer hack, which accounted for 84% of the year's breaches (802 incidents) and 40% (1.7 million) of the records affected.

These figures highlight why compliance with regulations like FERPA is essential for educational institutions. Breaches not only result in financial losses but also expose student records to identity theft, leading to potential lawsuits and reputational harm for institutions. Schools must follow FERPA guidelines, such as encrypting data and limiting access to authorized personnel, to reduce their exposure to such risks.

Meeting compliance standards, however, is not an easy task. Educational institutions must navigate a complex web of federal, state, and local regulations. In fact, compliance is consistently ranked as one of the top three challenges for higher education IT professionals. Adhering to FERPA alone requires the implementation of strict data access controls, encryption of sensitive information, and ongoing employee training to reduce human error.

While compliance may seem daunting, it can be achieved with the right strategy. By breaking the process into actionable steps—like establishing security protocols, leveraging automated monitoring systems, and training employees—institutions can achieve compliance and reduce their exposure to costly data breaches.

The next section will provide a more in-depth look at FERPA, the consequences of non-compliance, and a step-by-step guide for educational organizations to ensure compliance and protect student data.

What is FERPA?

FERPA, or the Family Educational Rights and Privacy Act, is a federal law designed to protect the privacy of student education records. It grants parents and eligible students (those over 18 or attending a postsecondary institution) specific rights, including:

Access and Review: The right to inspect and review education records.
Request for Amendments: The ability to request corrections to records that are inaccurate or misleading.
Control Over Disclosure: Control over who can access Personally Identifiable Information (PII) in education records, except in specific situations such as health or safety emergencies.

FERPA applies to all educational institutions receiving federal funding, including public K–12 schools and private institutions that benefit from federal programs.

Consequences of non-compliance

Failing to comply with FERPA can lead to serious consequences for institutions, including:

Loss of Federal Funding: Institutions may lose critical federal funding if they fail to adhere to FERPA regulations.
Department of Education Investigations: Non-compliance can prompt investigations, requiring corrective actions and compliance adjustments.
Financial and Legal Risks: Although FERPA does not impose fines, breaches often lead to lawsuits, reputational damage, and financial losses due to corrective measures and breach mitigation.
Reputational Harm: A breach of student records can damage the institution’s reputation, leading to a decline in enrollment, alumni donations, and public trust.

Examples of violations

Violations of FERPA can include unauthorized disclosures of:

Grades or GPAs.
Enrollment information.
Billing and financial aid details.

For example, if an employee accidentally shares a student’s GPA without consent, it constitutes a breach of FERPA. Such actions can result in federal investigations and require institutions to implement stringent corrective measures.

Protecting against non-compliance

Educational institutions can mitigate these risks by:

Implementing strict access controls for student records.
Using encryption to safeguard sensitive data.
Providing ongoing training for staff to ensure they understand FERPA requirements and best practices for data handling.
Developing a formal breach response plan to manage incidents swiftly and effectively.

By adhering to FERPA rules, institutions can protect student data, prevent breaches, and avoid penalties.

The five-layered compliance framework for IT professionals

Achieving FERPA compliance requires a structured approach. Educational institutions can use a five-layered framework to streamline their compliance efforts:

To streamline compliance efforts, New Mexico State University developed a five-layered compliance framework. This framework serves as a checklist to help institutions identify gaps and implement solutions effectively. The five layers include:

Formal Designation of Information Security Responsibility: Appoint a Chief Information Security Officer (CISO) or a similar role to oversee compliance and security measures.
Establishment of an Information Security Program: Develop and maintain a formal program that outlines policies, procedures, and resources for securing student data.
Development of IT Policies and Procedures: Implement policies for data access, sharing, and storage. Ensure these policies cover encryption, password protection, and secure file sharing.
Ongoing Monitoring and Incident Handling: Use automated monitoring tools to detect and respond to suspicious activity. AI-driven alerts can identify unusual access patterns or potential breaches in real time.
Training and Awareness Programs: Train staff regularly on FERPA regulations and data security best practices. Annual re-training ensures employees stay updated on evolving threats and compliance requirements.

Practical tips for IT professionals

While each institution’s needs may vary, these universal tips can help ensure FERPA compliance:

Set up a Compliance Team: Form a team responsible for monitoring regulatory requirements, managing compliance tasks, and responding to potential issues.
Conduct Regular Security Scans: Use automated tools to identify vulnerabilities in IT systems, such as unencrypted databases or weak access controls.
Build a Monitoring System: Develop a system that runs 24/7 in the background, tracking both data access and employee activities. Ensure it integrates seamlessly with existing software.
Adopt Cloud-Based Backups: Back up student records in encrypted cloud systems with role-based access. Avoid using physical devices, which are prone to loss or misuse.
Perform Regular Assessments: Continuously review and update compliance policies to address emerging cyber threats and align with new regulatory requirements.

Employee training: Ensuring FERPA-compliant practices

Employees often handle sensitive information daily, making proper training a critical component of compliance.

Even with robust IT systems, human error remains one of the leading causes of data breaches. Unintentional mistakes, such as sending sensitive information to the wrong recipient or using unsecured devices, can lead to FERPA violations. Regular training helps employees understand their responsibilities and the consequences of mishandling data.

Best practices for employee training

To ensure compliance with FERPA, institutions should implement a comprehensive training program that includes:

Understanding FERPA Basics: Educate employees on the key principles of FERPA, including who has rights to access student records, what constitutes Personally Identifiable Information (PII), and when consent is required for disclosure.
Recognizing Security Risks: Train staff to identify common threats, such as phishing emails, unsecured networks, and improper password practices.
Establishing Clear Data Handling Guidelines: Provide employees with step-by-step instructions on securely accessing, sharing, and storing student records. Emphasize the importance of encryption, secure networks, and logging out of systems.
Annual Training Updates: Conduct refresher courses annually to keep employees informed about new threats, updated FERPA guidelines, and best practices for data security.
Simulated Exercises: Run mock scenarios, such as simulated phishing attempts or breach drills, to test employees’ responses and reinforce training concepts.

FERPA compliance checklist for employees

Institutions can provide employees with a checklist to ensure daily compliance with FERPA. Here’s an example:

Use secure passwords and enable Multi-Factor Authentication (MFA).
Never share login credentials or access student records on unsecured networks.
Log out of systems when leaving your workspace.
Obtain written consent before sharing student information, except in allowed cases like emergencies.
Report suspected breaches or suspicious activities immediately.

Creating a culture of compliance

Building a culture of compliance means going beyond one-time training sessions. Leaders should model best practices, encourage open communication about data security, and regularly evaluate the effectiveness of training programs.

When employees understand the importance of compliance and feel confident in their ability to handle data securely, institutions significantly reduce the risk of FERPA violations and build trust with students and families.

Conclusion

Ensuring compliance with FERPA is not just about avoiding penalties—it’s about protecting the privacy and trust of students and families. Educational institutions have a responsibility to safeguard sensitive data, implement robust security measures, and train employees to follow best practices.

Key takeaways for achieving FERPA compliance include:

Understanding the rights FERPA grants to parents and students.
Developing and enforcing clear data protection policies.
Utilizing advanced tools for monitoring, encryption, and access control.
Conducting regular training for employees and periodic security assessments.
Preparing a formal breach response plan to address incidents effectively.

In this article

Introduction
Data breaches in the education sector
Five-layered compliance framework
Conclusion