A prominent example of a FERPA violation for teachers is the public posting of student grades, whether by name or an institutional student identification number, without explicit written permission from the student.
Understanding FERPA and Grade Posting Violations
The Family Educational Rights and Privacy Act (FERPA) is a federal law that safeguards the privacy of student education records. It grants students (or their parents, for minors) certain rights regarding their educational information. For teachers, adhering to FERPA is crucial to protect student privacy and avoid legal issues.
The Specifics of Grade Posting Violations
Publicly displaying grades, even if student names are hidden, can still be a violation. This is because numeric student identifiers, such as unique student IDs, are considered Personally Identifiable Information (PII) under FERPA. Disclosing PII without proper consent is a direct breach of a student's privacy rights. This rule applies equally to physical postings on bulletin boards and electronic postings on unsecure platforms.
Why Posting Grades is a Violation
At its core, this practice is a violation because it involves the unauthorized disclosure of a student's educational record. Grades are a fundamental part of these records. Without specific, written consent from the student (or their parents if they are a minor in K-12 education), sharing this information in a way that makes it accessible to others, even indirectly, is prohibited.
Other Common FERPA Violations for Teachers
Beyond grade posting, teachers must be aware of other actions that could lead to FERPA violations:
- Discussing student performance or behavior in public or with individuals who do not have a legitimate educational interest.
- Sharing a student's grades or academic progress with a third party (including parents of adult students) without proper written consent.
- Leaving student records or assignments containing PII unsecured on a desk, in an open folder, or in an accessible electronic file.
- Sending unencrypted emails that contain sensitive student information.
- Providing a letter of recommendation that discloses non-directory information without the student's written permission.
- Allowing unauthorized individuals to access student records, even inadvertently.
Best Practices for FERPA Compliance
Teachers are key to upholding student privacy. Following these best practices can help prevent accidental FERPA violations:
- Always obtain written consent: Before disclosing any non-directory student information, secure explicit written permission from the student (or their parent/guardian).
- Use secure communication methods: When discussing sensitive student data, utilize secure institutional platforms or engage in private, one-on-one conversations.
- Protect all student records: Store physical records in locked cabinets and electronic records in password-protected, secure systems. Never leave documents containing PII unattended.
- Be mindful of conversations: Avoid discussing individual student performance or personal information in public spaces or with colleagues who do not have a legitimate educational need to know.
- Familiarize yourself with institutional policies: Understand and adhere to your school, college, or university's specific FERPA policies and procedures.
FERPA Compliance: Do's and Don'ts for Teachers
Here is a summary of key actions regarding student information:
| Action | FERPA Compliance | Explanation |
|---|---|---|
| Posting grades by name/ID | Don't | Violates privacy; names and student IDs are Personally Identifiable Information (PII). |
| Discussing grades privately | Do | Permitted directly with the student or authorized parent/guardian. |
| Leaving records unsecured | Don't | Puts sensitive PII at risk of unauthorized access. |
| Using secure online gradebooks | Do | Compliant if access is restricted to the student and authorized personnel via secure login. |
| Sharing with school officials | Do | Permitted if the official has a "legitimate educational interest" in the information. |
| Sharing with external parties | Don't | Generally prohibited without explicit written consent, unless a specific FERPA exception applies. |
For detailed information on FERPA, refer to official resources such as the U.S. Department of Education's FERPA website.
