FERPA Written Agreements: What You Need to Know
If you are an educational institution that receives any form of federal funding, then you must comply with the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law that protects the privacy of student education records, including grades, transcripts, and financial aid information. One of the most important parts of FERPA compliance is obtaining written agreements from third-party service providers who have access to student education records. Here`s what you need to know about FERPA written agreements.
What is a FERPA Written Agreement?
A FERPA written agreement is a legally binding document that outlines the responsibilities of third-party service providers that have access to student education records. This agreement, also known as a FERPA Release, requires the service provider to comply with FERPA regulations and to protect the privacy of student education records.
Why Do You Need a FERPA Written Agreement?
The purpose of obtaining a FERPA written agreement is to ensure that third-party service providers are aware of their responsibilities under FERPA and that they comply with the law. In particular, the written agreement should specify the permitted uses of student education records, the security measures that the service provider must take to protect student information, and the procedures for responding to data breaches.
Who Needs to Sign a FERPA Written Agreement?
Any third-party service provider that has access to student education records must sign a FERPA written agreement. This includes companies that provide services such as online learning platforms, student information systems, and financial aid processing systems. The written agreement should also be signed by the school or educational institution that is responsible for the student education records.
What Should Be Included in a FERPA Written Agreement?
A FERPA written agreement should include the following:
1. The purpose of the agreement
2. The definitions of key terms, such as « student education records » and « authorized representative »
3. The responsibilities of the service provider with respect to student education records
4. The permitted uses of student education records
5. The security measures that the service provider must take to protect student information
6. The procedures for responding to data breaches
7. The obligations of the school or educational institution with respect to the service provider
8. The duration of the agreement
9. The signature and date of both parties
How Should You Manage FERPA Written Agreements?
FERPA written agreements should be managed carefully to ensure compliance with the law. This includes:
1. Keeping a record of all FERPA written agreements
2. Reviewing and updating agreements periodically
3. Ensuring that service providers comply with the terms of the agreement
4. Responding promptly and appropriately to any data breaches or other security incidents
Conclusion
FERPA written agreements are an important component of FERPA compliance. They help educational institutions protect the privacy of student education records by requiring third-party service providers to comply with FERPA regulations and to take appropriate security measures. By carefully managing FERPA written agreements, schools and educational institutions can ensure that student information is kept confidential and secure.