Who Must Follow FERPA?

PJ Winters, EdD

February 11, 2022

Question

Who must follow FERPA?

Answer

Who does this federal law affect? There are two criteria that an organization must meet in order to fall under FERPA. First, the organization must provide some sort of educational service. Second, they must receive certain types of funding from the US Department of Education. If they receive that funding, then they meet the second criteria. That includes all public school districts, all universities, and most private universities.

What we really have to think about in early childhood education is things like licensed pre-schools and licensed daycare centers. While a lot of those places may provide an educational service, it's about receiving a certain type of funding from the US Department of Education. If you work for a public school district, university, or Head Start even, it's important to know if you receive the funding that triggers them to be under FERPA law. You would want to ask your administrators, "Do we receive any funding from the US Department of Education?"

This Ask the Expert is an edited excerpt from the course, Family Educational Rights and Privacy Act (FERPA) for Early Childhood Providers, presented by PJ Winters, EdD.

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