Ferpa And Third-Party Student Records: What You Need

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. As technology advances and the use of third-party services becomes more prevalent in education, it's essential to understand how FERPA applies to third-party student records. In this article, we'll explore the ins and outs of FERPA and third-party student records, what you need to know, and how to ensure compliance.

What is FERPA?

FERPA is a federal law that protects the privacy of student education records. The law applies to all educational institutions that receive federal funding, including colleges, universities, and K-12 schools. FERPA gives students and parents certain rights regarding their education records, including the right to inspect and review their records, the right to request changes to their records, and the right to consent to the disclosure of their records.

FERPA and Third-Party Student Records

Third-party student records refer to student education records that are created, maintained, or disclosed by a third-party service provider. This can include online learning platforms, educational software, and other digital tools used in the classroom. When a school or institution uses a third-party service provider to create, maintain, or disclose student records, FERPA still applies.

FERPA Requirements for Third-Party Student Records

Schools and institutions must ensure that third-party service providers comply with FERPA requirements. Here are some key requirements:

• Written Agreement: Schools and institutions must have a written agreement with the third-party service provider that outlines the terms and conditions of the service, including how student records will be protected and disclosed.
• FERPA Compliance: Third-party service providers must comply with FERPA requirements, including obtaining consent from students or parents before disclosing personally identifiable information (PII) from student records.
• Data Security: Third-party service providers must implement reasonable measures to protect student records from unauthorized disclosure, access, or destruction.
• Parent and Student Rights: Schools and institutions must ensure that parents and students have the right to inspect and review their records, request changes to their records, and consent to the disclosure of their records.

Best Practices for FERPA Compliance with Third-Party Student Records

Here are some best practices for FERPA compliance with third-party student records:

• Conduct a Risk Assessment: Conduct a risk assessment to identify potential risks associated with using third-party service providers to create, maintain, or disclose student records.
• Develop a FERPA Compliance Plan: Develop a FERPA compliance plan that outlines procedures for ensuring FERPA compliance with third-party service providers.
• Train Staff and Faculty: Train staff and faculty on FERPA requirements and procedures for ensuring FERPA compliance with third-party service providers.
• Monitor Third-Party Service Providers: Monitor third-party service providers to ensure they are complying with FERPA requirements.

Common Mistakes to Avoid with FERPA and Third-Party Student Records

Here are some common mistakes to avoid with FERPA and third-party student records:

• Lack of Written Agreement: Failing to have a written agreement with the third-party service provider that outlines the terms and conditions of the service.
• Insufficient Data Security: Failing to implement reasonable measures to protect student records from unauthorized disclosure, access, or destruction.
• Unauthorized Disclosure: Disclosing personally identifiable information (PII) from student records without obtaining consent from students or parents.

Conclusion

FERPA and third-party student records can be complex and nuanced. By understanding FERPA requirements and best practices, schools and institutions can ensure compliance and protect student education records. Remember to conduct a risk assessment, develop a FERPA compliance plan, train staff and faculty, and monitor third-party service providers to ensure FERPA compliance.

We hope this article has provided valuable insights into FERPA and third-party student records. If you have any questions or comments, please share them below.

What is FERPA?

+

FERPA is a federal law that protects the privacy of student education records.

What are third-party student records?

+

Third-party student records refer to student education records that are created, maintained, or disclosed by a third-party service provider.

What are the FERPA requirements for third-party student records?

+

Schools and institutions must have a written agreement with the third-party service provider, ensure FERPA compliance, implement reasonable data security measures, and protect parent and student rights.