Opinion: Student Data Has Changed. Privacy Rules Haven’t. It’s Time for That to Change

Parents deserve access to timely information that empowers them to make decisions that help their children succeed and confidence that their students’ data is secure. The Family Educational Rights and Privacy Act (FERPA) was designed with both these goals in mind. Unfortunately, the law is now so outdated that it does not serve either purpose well.

With Congress engaged in broader debates about education, technology and data privacy, this is a moment when FERPA modernization is no longer an abstract policy discussion. Congress should update FERPA so it can do what its original authors intended: safeguard student privacy and serve families.

FERPA was enacted in 1974 — over 50 years ago — to codify with whom and under what circumstances schools could share students’ personally identifiable information. But since then, the ways in which student data is handled have seismically shifted. 

Today, districts and schools store and share data digitally — not on paper stored in filing cabinets. Yet FERPA remains rooted in a paper-record era that predates real-time dashboards and digital tools. The law does not yet account for the rapidly evolving technology-driven practices that affect student privacy.

Parents are rightly wary of how their children’s data is collected, stored and used — especially as data breaches continue to make headlines. A FERPA that reflects America’s current digital landscape is long overdue. 

Because FERPA has never been statutorily updated, states and school systems are left to navigate a murky and complicated legal landscape as they work to both protect students and share data in smart ways. This ambiguity can result in states, school districts or colleges and universities holding back from responsible data-sharing practices out of fear of violating FERPA’s convoluted provisions.

All this ultimately denies families access to the very insights and information they need to advocate for their children. Heightened concern about student data privacy should be met with clearer rules designed to modernize security protections and build trust with families, not used as an excuse to prevent action or to cease sharing useful information with parents.

This is not what student data privacy should look like. And it’s certainly not what families deserve. The nation can — and must — do better.

A modernized FERPA must ensure that student information is safeguarded with the highest standards of security and ethical use, while empowering families with the information they need to make informed decisions. Parents are clear that they want access to this information: 86% say they support requiring schools to provide access to transparent data on student achievement, discipline and enrollment for families and policymakers. And 93% say easier access to information would help them feel more confident about their ability to help their child make decisions about life after high school. 

It’s time for Congress to modernize FERPA so it works for today’s families. That means setting strong, enforceable privacy standards to ensure student data is protected. It also means affirming families’ rights to access information that empowers them: data on academic progress, school quality and services available to help students thrive.

An updated FERPA should also unlock the potential of state data systems that securely connect longitudinal information across early childhood, K-12, postsecondary and workforce programs — systems that can enable parents, students, educators, policymakers and the public to understand what’s working for students and what’s not. Today, FERPA’s framework does not reflect how cross-agency data can be used to, for example, connect high school students with college scholarship programs or assess return on investment for a district’s tutoring programs.

Student privacy and parent empowerment are not competing goals. With the right legal framework, congressional leaders can achieve both. Parents shouldn’t have to choose between protecting their children’s information and knowing how to help them succeed.