Understanding FERPA in the Context of Virtual Learning
The shift to virtual learning during the COVID-19 pandemic has presented unique challenges for educational institutions, especially regarding student privacy. The Family Educational Rights and Privacy Act (FERPA) plays a crucial role in guiding schools on how to handle educational records and personally identifiable information (PII) in this new environment. Let's explore how FERPA applies to virtual learning and what best practices schools can adopt to ensure compliance.
What is FERPA?
FERPA is a federal law that protects the privacy of student education records. It grants parents and eligible students the right to access, amend, and control the disclosure of PII from education records. Under FERPA, schools must obtain written consent before disclosing PII unless an exception applies. The law applies to all educational agencies and institutions that receive funding from the U.S. Department of Education.
FERPA and Virtual Learning
With the transition to online education, understanding FERPA's application in virtual settings is essential. Here are some common scenarios and how FERPA addresses them:
- Taking PII Home: Teachers can take PII home if they have a legitimate educational interest. However, they must ensure the information is protected from unauthorized disclosure.
- Using Video Conferencing Apps: Schools can use virtual learning apps under the school official exception, provided the app providers meet specific criteria, including being under the school's direct control regarding PII use.
- Recording Virtual Classes: Schools can record classes if no PII is disclosed, or with proper consent. These recordings, if maintained as education records, must comply with FERPA's disclosure rules.
Best Practices for Schools
To navigate FERPA in virtual learning, schools should consider the following best practices:
- Review Existing Solutions: Utilize current platforms that comply with FERPA requirements.
- Evaluate New Tools: Work with legal and IT teams to assess new technologies against FERPA standards.
- Communicate Clearly: Keep parents and students informed about privacy policies and practices.
- Secure PII: Implement encryption and other security measures to protect student data.
Additional Resources
For schools seeking more information, the U.S. Department of Education provides resources on FERPA and virtual learning. Schools can access webinars, FAQs, and technical assistance to better understand their responsibilities under FERPA.
For more information, please follow this link.
