Reed Smith Client Alerts

Technology plays an increasingly important role in the learning experience for students from kindergartners through college and beyond. It also improves the student interaction with learning materials and provides educators with information and insight to focus and tailor their teaching. Of course, this technology is driven by data. And student privacy has long been an important issue for policymakers and the law. This article focuses on aspects of student privacy and data protection that apply to post-secondary institutions, beyond the under-18, K-12 set.

FERPA Requirements

The federal Family Educational Rights and Privacy Act (“FERPA”) is the primary source of privacy requirements applicable to post-secondary institutions that receive federal funding (“institutions”).1 FERPA applies to “education records” held or controlled by educational institutions, which include records, files, documents and other materials about students.2