6 common FERPA violations and how to avoid them
What happens when a school accidentally shares a student’s grades with the wrong person? Or when personal data gets exposed through an insecure system? These are more than just mistakes; they’re FERPA violations, and they can have serious consequences.
FERPA (Family Educational Rights and Privacy Act) is a federal law that protects the privacy of student education records. It applies to all schools receiving funding from the U.S. Department of Education. Yet, despite its importance, FERPA violations remain common, often due to a lack of awareness, training, or internal controls.
In this article, we’ll cover five of the most common FERPA violations and give you clear, practical tips to help your school stay compliant and protect student data every step of the way.
What is a FERPA violation?
A FERPA violation occurs when a school or educational institution improperly discloses or mishandles student education records. This includes both digital and physical records that are directly related to a student and maintained by the school.
Common FERPA violations include:
- Sharing grades or personal details with unauthorized individuals.
- Not allowing students or parents to access their own records.
- Disclosing records to third-party vendors without proper agreements.
- Failing to secure digital or physical student data.
Even unintentional disclosures, such as leaving a report card visible on a desk or sending an email to the wrong address, can be considered violations under FERPA.
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Common FERPA violations to avoid
FERPA violations happen more often than most schools realize. Here are a few examples to illustrate what can go wrong and how you can avoid them.
1. Posting grades publicly
An instructor posts students’ names alongside their grades on a classroom wall. This public display of personal academic information is a direct violation of FERPA.
How to avoid it:
- Use anonymized codes that only the student and teacher know.
- Share grades through a secure student portal or LMS.
- Remind staff not to use partial Social Security Numbers or ID numbers.
2. Emailing student data to the wrong person
A school administrator accidentally sends a student’s disciplinary record to a parent of another student. Although it was unintentional, this still constitutes a violation of FERPA.
How to avoid it:
- Double-check all recipient addresses before sending emails with sensitive content.
- Use role-based access controls to restrict access to student records.
- Train staff on secure email practices, including the use of encrypted attachments for sensitive files.
3. Failing to secure physical records
Printed grade sheets or student files are left unattended on desks or stored in unlocked cabinets. This exposes them to unauthorized access.
How to avoid it:
- Store physical files in locked cabinets when not in use.
- Implement a clean desk policy for areas with student data.
- Conduct regular audits of who has access to student files and where they’re stored.
4. Insecure online platforms
An educational institution uses an edtech platform that stores student data but doesn’t comply with FERPA privacy standards. If student data is exposed, the school could be held responsible.
How to avoid it:
- Vet all third-party vendors for FERPA compliance before use.
- Require data security agreements from any external tools handling student information.
- Maintain a list of approved tools that have been reviewed by the legal or IT teams.
5. Discussing student details informally
A teacher casually mentions a student’s performance or behavior to someone without legitimate educational interest, violating their right to privacy.
How to avoid it:
- Always consider who is present before discussing student information.
- Educate staff on “legitimate educational interest” and confidentiality boundaries.
- Establish a clear protocol for conversations involving student records.
6. Failing to provide record access
A parent requests access to their child’s academic record, but the school refuses or delays beyond the allowed timeframe. This is also a violation.
How to avoid it:
- Respond to FERPA record access requests within the 45-day legal window.
- Maintain a log of all access requests and the actions taken in response.
- Designate a compliance lead or registrar to manage and fulfill such requests efficiently.
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Why it’s essential to avoid FERPA violations
Avoiding FERPA violations helps maintain trust, protects student data, and preserves your institution’s reputation. Here’s why it matters:
- Legal and financial consequences: Repeated or serious FERPA violations can lead to investigations, loss of federal funding, or formal complaints to the U.S. Department of Education.
- Loss of trust: Parents, students, and the public expect schools to protect sensitive data. A violation can quickly damage that trust.
- Reputational harm: Even a small breach can lead to headlines, scrutiny, and long-term reputational damage for the institution.
- Operational disruption: Addressing a data breach or privacy violation can be time-consuming, costly, and disruptive to day-to-day operations.
How to prevent FERPA violations
Preventing FERPA violations starts with awareness and ends with accountability. Here are the key steps educational institutions can take to reduce the risk:
1. Train staff and faculty regularly: Ensure that all educators, administrators, and support staff understand what FERPA protects and how to handle student data properly. Training should be mandatory and updated regularly.
2. Limit access to student records: Only allow access to those who have a legitimate educational interest. Use role-based access controls in your systems to enforce this.
3. Secure physical and digital records: Lock cabinets, password-protect files, encrypt sensitive data, and ensure networks are secure. Simple oversights can lead to serious breaches.
4. Vet third-party tools and vendors: Before using any edtech platforms or service providers, confirm that they follow FERPA-compliant data privacy practices.
5. Establish clear data-sharing policies: Define when and how student data can be shared, both internally and externally. Everyone should know the rules.
6. Use compliance automation tools: Modern GRC tools can help institutions track access, monitor data handling practices, and ensure that privacy standards are being followed.
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Supporting compliance is more than following policies. It’s about building habits that protect your organization from within.
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At the same time, the CyberArrow Awareness Platform empowers your workforce with interactive cyber security and data privacy training. It includes:
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- Phishing simulations to reduce real-world risks.
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- Automated reminders to keep everyone on track.
Whether you’re managing student records or other types of sensitive data, strengthening internal awareness is one of the most effective ways to reduce FERPA violations.