FERPA Needs an Update, Advocates Say
Education advocates are urging Congress to update FERPA to reflect modern digital practices, arguing current student‑data rules lag behind widespread EdTech and AI use. The push focuses on clearer safeguards and transparency around third‑party data handling. (the74million.org)
The 74 published an opinion piece by Charles Barone on March 23, 2026 urging Congress to modernize the Family Educational Rights and Privacy Act (FERPA) so it “safeguards student privacy and serves families” in a digital era. (the74million.org) The Public Interest Privacy Center’s "Fixing FERPA" series, launched June 10, 2024, recommends statutory changes to distinguish school employees from third‑party vendors and to add enforceable accountability safeguards. (publicinterestprivacy.org) Common Sense Media senior adviser Ariel Fox Johnson argued in a September 2024 commentary that FERPA should explicitly cover online student data — including browsing histories, interactions with ed‑tech and AI chatbots — and overhaul the “directory information” rules. (commonsensemedia.org) The Future of Privacy Forum’s October 2024 legal compliance guide for EdTech lays out a vendor‑vetting checklist that asks whether a tool uses student PII for product improvement and recommends data‑protection agreements and detailed transparency disclosures. (fpf.org) The U.S. Department of Education’s Student Privacy Policy Office maintains FERPA guidance and resources for vendors and districts, including regulatory text and previous amendment notices dating back to 2000–2011. (studentprivacy.ed.gov) Bloomberg Law reported that the Department of Education has been weighing a proposed regulatory rule to protect children’s privacy under the decades‑old law as digital learning and data monetization concerns grow. (news.bloomberglaw.com) AASA’s "Fixing FERPA" resource series, published June 27, 2024, provides district leaders with practical explanations of FERPA exceptions and five initial recommendations for updating school privacy practices in the 21st century. (aasa.org)
