10/10/2026
Policy → Practice: FERPA, PPRA & Parent Communication
On October 5, the U.S. Departments of Education and Justice issued a joint letter addressing parental rights under two existing federal laws: the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA).
Neither law is new. But the recent federal communication creates a good opportunity for schools to revisit an important question:
Do the people implementing these policies every day understand what they actually require?
FERPA: Think education records and access to student information.
FERPA gives parents certain rights related to their child’s education records, including the right to inspect and review those records. It also generally protects personally identifiable information contained in education records from disclosure without consent, although there are specific exceptions.
So, what might FERPA actually look like in a school?
✅ “I’d like to see the records the school maintains about my child.”
Generally, yes. Parents have the right to inspect and review their child’s education records. Under FERPA, schools must provide access within a reasonable period of time, but no later than 45 days after receiving the request.
✅ “I’m this student’s intervention teacher. Can I review their assessment data so I can plan instruction?”
Generally, yes, if the school has determined that the teacher has a legitimate educational interest in those records. FERPA allows school officials to access education records without parental consent when access is necessary to fulfill their professional responsibilities and the requirements of the school official exception are met.
❌ “I heard something happened with a student in another grade. I’m going to pull up their records and see what happened.”
No. Being employed by a school does not automatically give someone permission to access every student’s education records. Access under the school official exception requires a legitimate educational interest.
❌ “You know the student we were talking about? I looked at their file, and here’s what their records say…”
Not if the person receiving the information does not have a legitimate educational reason to access it. FERPA does not permit unrestricted sharing of personally identifiable information from education records simply because both people work for the school.
❌ “This outside organization asked for a student’s information, so I’ll just send them the records.”
Generally, no. FERPA generally requires written consent before personally identifiable information from education records is disclosed to an outside party unless a specific FERPA exception applies.
Here’s an important FERPA distinction that can be easy to miss: FERPA protects information contained in education records—not necessarily everything an educator personally knows or observes about a student.
For example, imagine a teacher personally witnesses a student get into an argument in the hallway. The teacher’s firsthand observation is generally not an education record protected by FERPA simply because it involves a student. If that information is later documented and maintained by the school as part of the student’s education record, however, the record itself may be protected by FERPA.
That doesn’t mean educators should freely share everything they personally observe. Other laws, district policies, professional responsibilities, or confidentiality expectations may still apply. It simply illustrates an important point:
FERPA is specifically a law about education records.
PPRA: Think surveys and certain sensitive information.
PPRA provides parents with specific rights involving certain student surveys, analyses, evaluations, and other activities.
For example:
“We created a student survey to learn more about students’ experiences and needs. Can we just send it out?”
Maybe—but this is where schools need to determine whether PPRA applies before students complete the survey.
Depending on the survey, how it is administered, and other circumstances, PPRA may include requirements involving parent notification, the opportunity to inspect materials, consent, or the ability to opt a child out.
A survey that feels like a routine classroom or school activity may still require someone to stop and ask: What information are we collecting, why are we collecting it, and what requirements apply before we do?
And that is where policy becomes practice.
Do teachers know when they can access another student’s records?
Do staff understand the difference between information contained in an education record and something they personally observed?
Do counselors and administrators know what information can be shared and with whom?
Are parent requests for records handled consistently?
Does someone review surveys and other student information-gathering activities before they are administered?
Most importantly, does everyone know who to ask when they aren’t sure?
Having FERPA and PPRA policies in a handbook is important. Making sure the people working with students every day understand how those policies apply is what turns them into practice.
Policy tells us what is required. Practice determines whether we recognize when those requirements apply.
For anyone who wants to read the federal announcement that prompted this Policy → Practice discussion: https://www.justice.gov/opa/pr/us-department-education-and-us-department-justice-reaffirm-parents-are-not-terrorists-and
