Does FERPA Apply to Private Schools? Rules for K–12 Schools and Colleges
Whether FERPA applies to a private school depends mainly on the school’s connection to federal education funding—not simply on whether it is private. Many private K–12 schools are not covered by FERPA, while private colleges that participate in federal student-aid programs generally are. The details matter: a public school district may have FERPA duties involving records for a student placed in a private school, even when the private school itself is not subject to the law.
What FERPA Covers
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of education records at covered educational agencies and institutions. It is administered by the U.S. Department of Education. FERPA generally gives parents rights to inspect and seek amendment of their children’s education records, as well as rights concerning disclosure of personally identifiable information from those records.
When a student turns 18 or attends a postsecondary institution at any age, FERPA rights generally transfer from the parent to the student. The student with those rights is often called an “eligible student.” A college may disclose certain information to parents in specific circumstances, but FERPA does not generally give parents an automatic right to access an adult student’s college records.
FERPA applies to education agencies and institutions that receive funds under a program administered by the U.S. Department of Education. This is the central test for determining whether a private school is directly covered. The school’s ownership, nonprofit status, tuition, or state accreditation does not, by itself, decide the question.
Does FERPA Apply to Private K–12 Schools?
Usually, FERPA does not apply directly to a private elementary or secondary school that does not receive funds from a U.S. Department of Education program. Many independent and religious K–12 schools do not receive such funding and are therefore not subject to FERPA’s federal requirements as schools.
However, “private school” is not a complete answer. A private K–12 school that receives funds under a Department of Education program may be covered, depending on the funding arrangement and the school’s role. Administrators should identify the specific program, recipient, and conditions rather than assume that all private schools are either covered or exempt.
Federal guidance also distinguishes between a school receiving federal funds and an individual student receiving a benefit or service. A student’s participation in a federally supported program does not automatically make every school the recipient of federal funds. The relevant question is whether the educational agency or institution itself receives covered funds, directly or through an arrangement that makes it subject to FERPA.
How Private Colleges and Universities Differ
Private colleges and universities that participate in federal student-aid programs are generally subject to FERPA. Many institutions participate in programs authorized under Title IV of the Higher Education Act, such as federal grants or loans. A private institution’s participation in these Department of Education programs can bring it within FERPA’s coverage.
For students and families, this means that a private college’s student records are often protected by FERPA even though the institution is privately owned. Covered records may include grades, transcripts, class schedules, disciplinary records, and financial-aid information maintained by the institution, subject to FERPA’s definitions and exceptions.
A private college that does not receive funds under a Department of Education program may not be covered by FERPA. That situation is less common among degree-granting institutions that participate in federal aid, but coverage should be checked institution by institution. The Department of Education’s FERPA guidance and the college’s published privacy policies can help clarify the school’s position.
Private-School Students Served by a Public School District
A private school may not be directly subject to FERPA, yet a public school district may still have obligations regarding records connected to a student attending that school. This distinction often arises when a student is placed in, or receives services through, a private school while a public educational agency remains responsible for the records.
For example, under the Individuals with Disabilities Education Act (IDEA), a public school district may maintain records related to special education evaluations, services, or a student’s placement in a private school. FERPA applies to the covered public agency’s education records. The district must follow applicable privacy and access rules for records it maintains, even if the private school is not independently covered by FERPA.
Responsibility can depend on who created and maintains a record, who has access to it, and the legal arrangement governing the services. A parent seeking records may need to contact both the school and the public district. The district’s records may be governed by FERPA and IDEA requirements, while the private school’s own records may be governed by state law, contract, or school policy.
What Counts as an Education Record?
At a school covered by FERPA, an education record is generally a record that is directly related to a student and maintained by the school or by a party acting for it. Records can be paper or electronic. Examples may include report cards, transcripts, attendance information, disciplinary files, and certain school-maintained communications about a student.
Not every item associated with a student is necessarily an education record. FERPA includes exclusions, such as certain personal notes kept solely by their maker and not shared, and some law-enforcement-unit records maintained for law-enforcement purposes. A record’s status depends on how it is created, maintained, and used—not just its format or location.
FERPA generally restricts disclosure of personally identifiable information from covered education records without consent, unless an exception applies. Common exceptions include disclosure to school officials with a legitimate educational interest, certain transfers to another school, and disclosures allowed by law to appropriate parties in a health or safety emergency. These exceptions have conditions; they are not blanket permission to share student information.
Rights Under FERPA at a Covered School
Parents of students at covered schools generally have the right to inspect and review their child’s education records, subject to FERPA’s rules. Schools must generally comply within 45 days of receiving a request. If a record contains information about more than one student, access may be limited to the information concerning the requesting parent’s child.
Parents and eligible students may also ask a school to amend information they believe is inaccurate, misleading, or otherwise in violation of the student’s privacy rights. If the school declines, FERPA provides an opportunity for a hearing. This process is generally not a way to challenge a grade or a school’s substantive decision; it concerns whether the record is inaccurate or improperly maintained.
FERPA does not give parents or eligible students a right to demand that a school create records, provide every record in a preferred format, or remove information simply because they disagree with it. Schools may also charge a reasonable fee for copies in some circumstances, although fees may not effectively prevent access.
FERPA’s Directory-Information Exception
Covered schools may designate certain information as “directory information,” such as a student’s name, address, telephone number, date and place of birth, honors and awards, or dates of attendance. A school must provide required notice of its designation and give parents or eligible students an opportunity to opt out before disclosing directory information.
Directory information is not automatically public at every school. The school determines which categories it designates, subject to FERPA’s rules, and must provide notice of those categories. Families should review the school’s annual FERPA notice and submit an opt-out request by the stated deadline if they do not want designated information disclosed.
What FERPA Does Not Require of an Uncovered Private School
If a private school is not subject to FERPA, the federal law generally does not require that school to follow FERPA’s parent-access, amendment, or disclosure procedures for its own records. That does not mean the school can necessarily disclose student information without restriction. Other laws, agreements, and policies may apply.
State student-privacy laws can impose requirements on private schools, and those rules vary. State laws may address student records, data security, online services, health information, or the disclosure of personal information. A school’s enrollment contract, handbook, privacy statement, or accreditation requirements may also create expectations or obligations.
FERPA is not a general health-privacy law and does not replace every other privacy statute. For instance, records held by a health care provider may be subject to different rules than school-maintained education records. Families should identify who holds the information and in what capacity before assuming a particular law controls.
How to Check Whether a Private School Is Covered
- Identify the type of school. Determine whether it is a K–12 school, college, or university. Coverage patterns differ, particularly because many private colleges participate in federal student-aid programs.
- Ask about Department of Education funding. Request the name of any federal education program through which the institution receives funds and whether the institution considers itself subject to FERPA.
- Review the school’s privacy notice. Look for a FERPA notice, procedures for record requests, directory-information categories, and opt-out deadlines. A notice is useful evidence of the school’s policy, but asking about the funding basis can clarify legal coverage.
- Contact the public district when relevant. If the student receives district services or has a special education placement, ask the district which records it maintains and how to request them.
- Check state requirements. The state department of education, attorney general, or a qualified attorney may help identify state-specific protections and complaint options.
Quick Comparison: FERPA and Private Schools
| School or situation | Typical FERPA result | Important detail |
|---|---|---|
| Private K–12 school with no Department of Education program funds | Usually not directly covered | State law, contracts, and school policies may still protect records. |
| Private K–12 school receiving covered federal education funds | May be covered | Coverage depends on the program and funding arrangement. |
| Private college participating in federal student-aid programs | Generally covered | FERPA rights typically transfer to the student upon enrollment in postsecondary education. |
| Public district records about a student attending a private school | District records may be covered | The district’s obligations do not automatically make the private school a FERPA-covered institution. |
Reliable Sources for Checking FERPA Rules
- U.S. Department of Education: FERPA — federal overview, rights, and guidance.
- U.S. Department of Education: Are private schools subject to FERPA? — guidance on private-school coverage.
- U.S. Department of Education: What are education records? — explanation of the records covered by the law.
- U.S. Department of Education: IDEA — information about special education responsibilities and services.
The practical answer is that FERPA coverage turns on federal program funding and the institution’s role. Most private K–12 schools are not directly covered, while private colleges participating in federal student-aid programs generally are. Even where a private school is not covered, public-district records, state privacy laws, and the school’s own policies may still give families important rights.