The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student educational records. For over fifty years, FERPA has worked effectively to ensure students’ personal information—such as birth dates, addresses, or attendance—is maintained confidentially by school systems. For students under 18 years old, FERPA recognizes that parents or guardians play a role in safeguarding their children’s data privacy and enumerates specific rights for parents or guardians— including the right to request, review, and inspect their child’s educational records. However, FERPA does not require a school or school district to affirmatively notify parents about information in the child’s educational records.

School districts often adapt policies to support the needs of their increasingly diverse student populations, including LGBTQIA+ students. In recent years, LGBTQIA-inclusive policies have complemented FERPA’s primary purpose of ensuring student data is not shared without permission to third parties. For example, FERPA prohibits schools from sharing a minor student’s sexual orientation or gender identity with the press, prospective colleges, other students, or other students’ parents, without the permission of their parent or guardian. Inclusive school policies, such as student support plans that identify a trusted adult in case a student needs help during the school day, can help schools meet the needs of LGBTQIA+ youth with nuance and sensitivity. As K-12 schools may become aware of a student’s sexual orientation or gender identity early in the coming out process, educators and school staff can play an important role in supporting the child through this process, while safely and carefully safeguarding the child’s privacy within the bounds of FERPA.

Read more about FERPA here.