Key Facts
Overview
FERPA protects the privacy of student education records at institutions receiving federal funding. Written consent is required before disclosing personally identifiable information from education records. The sole enforcement remedy — withdrawal of all federal education funding — is so severe it has never been imposed.
What This Means for Your Website
- Written consent from parents or eligible students is required before disclosing education records
- Directory information may be disclosed but only with prior opt-out notice
- Rights transfer from parents to students at age 18 or upon postsecondary enrollment
- No private right of action exists — individuals cannot sue under FERPA
- Cookie-based tracking that collects education record information requires consent
Key Requirements
The FPCO (Family Policy Compliance Office) enforces FERPA through the DOE. There are no monetary fines — the sole enforcement mechanism is withdrawal of all federal education funding. This nuclear-option penalty has never been imposed, but the threat ensures institutional compliance. Educational institutions must provide annual notification of rights.
How ConsentStack Handles This
ConsentStack supports education websites by managing consent for data collection that may involve education records, ensuring that personally identifiable information is not disclosed without proper authorization.
Penalties
Withdrawal of ALL federal education funding (never imposed in practice). No monetary fines.
Key Requirements
- Written parental/student consent before disclosing education records
- Annual notification of rights to parents/eligible students
- Right to inspect and review education records
- Right to request amendment of inaccurate records
- Directory information may be disclosed with opt-out notice
Notable Provisions
- No private right of action — Supreme Court ruling
- Sole remedy is loss of all federal education funding — never imposed
- Rights transfer from parents to students at age 18
Other North America Regulations
Frequently Asked Questions
Does FERPA apply to website cookies?
Indirectly. FERPA applies to personally identifiable information from education records regardless of collection method. Cookies collecting student data at educational institutions may be subject to FERPA.
Can students sue under FERPA?
No. The Supreme Court held there is no private right of action under FERPA. Enforcement is solely through DOE administrative action.
What is the FERPA penalty?
Withdrawal of all federal education funding — so severe it has never been imposed in practice.
Stay compliant with FERPA
ConsentStack helps you implement Opt-in consent for United States (Federal) automatically.