These days, protecting students’ data privacy has become more vital than ever. The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to safeguard student education records. But as schools increasingly use educational technology (EdTech), ensuring compliance with FERPA has become more complex.
Below, a plagiarism lawyer will explore FERPA, how it protects students’ data, and what families and schools need to know to navigate privacy in the digital age.
What Is FERPA?
FERPA, enacted in 1974, is a U.S. law that ensures parents’ and students’ rights to access and protect their educational records. FERPA gives parents control over their child’s data and limits the sharing of personally identifiable information (PII) without consent. When students turn 18, these rights transfer to them.
How FERPA Protects Student Data?
As our friends at K Altman Law can explain, FERPA’s main function is to protect students’ sensitive information, including grades, disciplinary records, and health records, by restricting access to these records. Under FERPA:
- Access To Records: Parents or eligible students can inspect and review educational records. This ensures transparency and keeps families informed.
- Consent For Disclosure: Schools generally need written consent to share PII from a student’s records, with few exceptions. This protects students’ data from unauthorized access or misuse.
The Impact Of EdTech On FERPA Protections
With digital learning tools widely used in classrooms, FERPA’s role in protecting data has become more challenging. Many EdTech platforms collect student data for personalized learning, assessments, and other features. However, this also means more personal information is at risk of being shared or even exploited if not carefully managed.
Some key challenges include:
- Data Security Risks: When EdTech vendors store sensitive information, any security breaches put students’ data at risk.
- Lack Of Transparency: Families may not always know how EdTech providers use or share data.
- Complex Privacy Policies: EdTech platforms may have privacy policies that are hard for schools and families to interpret, making it difficult to determine FERPA compliance.
FERPA Compliance In The Digital Age
FERPA requires that schools vet their EdTech providers carefully to ensure data security and compliance. Here are some key steps that schools can take:
- Vendor Agreements: Schools must ensure EdTech providers sign contracts that outline strict data-use guidelines in line with FERPA.
- Data Minimization: Schools should only collect the data essential for learning objectives, minimizing unnecessary data collection.
- Parental Involvement: Schools should communicate with families about the EdTech platforms they use and how they comply with FERPA.
Resources For Families
Families have resources to help them understand and protect their child’s privacy rights under FERPA:
- Parent And Student Rights: The U.S. Department of Education provides information on parents’ and students’ rights under FERPA. This helps families understand what information is protected and how they can manage it.
- Student Privacy Pledge: Many EdTech providers sign a Student Privacy Pledge, which outlines their commitment to protecting student data. Families can look for this pledge as a sign of trustworthiness.
- State Laws And Policies: Some states have additional privacy laws that offer further protections beyond FERPA.
FERPA plays a vital role in protecting student data privacy, especially as schools use more EdTech tools. While technology can enhance learning, it is essential for schools and families to remain vigilant and informed about how student data is managed. By staying engaged and understanding FERPA rights, families and schools can work together to provide a safe digital learning environment for all students. If your student feels their rights have been violated, contact a laywer near you for help.