FERPA & Student Confidentiality

LESSON 01

Start with the school context

FERPA is the Family Educational Rights and Privacy Act. It applies to educational agencies and institutions receiving funds under programs administered by the U.S. Department of Education. It provides rights relating to education records and limits disclosure of personally identifiable information from those records.

Parents generally hold FERPA rights until a student becomes an eligible student—at age 18 or upon attendance at a postsecondary institution, at any age. Exceptions and other rules can still affect access. An interpreter should route questions about who may receive a record to the school rather than deciding based on family relationships.

Confidentiality also comes from professional standards, contracts, and other laws. Do not treat information outside a particular FERPA definition as automatically free to share. Ask which procedure applies to the assignment.

Sources: U.S. Department of Education · U.S. Department of Education · National Association of Educational Translators and Interpreters of Spoken Languages

LESSON 02

Recognize records in ordinary work

Education records are records directly related to a student and maintained by a school or someone acting for it. They can include grades, schedules, disciplinary material, meeting documents, and K–12 student health records. The format can be paper, email, audio, video, or another recorded form.

The practical risk often appears in preparation materials: an evaluation attached to an invitation, a shared spreadsheet, a screenshot of a learning plan, or comments in a document. A record can identify a student through context even when a name is removed. Keep fictional exercises separate from actual student work.

For example, a description of the only student in a small program who uses a particular support may identify that student. Removing the name alone does not make it appropriate for a training presentation or a public question.

Sources: U.S. Department of Education

LESSON 03

Access depends on authorization, not the job title

An outside contractor may qualify under FERPA’s school-official exception only when specified conditions are met. These include performing an institutional function the school would otherwise use employees for, being under the school’s direct control regarding the records, and following limits on use and redisclosure. Access must be tied to a legitimate educational interest and the school’s applicable criteria.

A badge, confidentiality signature, or interpreting qualification does not by itself authorize access to every student record. Ask the school to establish the scope of access and approved exchange method. Use the information for the assigned purpose; do not create a private archive or pass it to another interpreter without authorization.

Sources: U.S. Department of Education

LESSON 04

Let the school decide disclosure questions

The usual starting point for disclosure is consent, with specific exceptions. Directory-information rules are not a blanket invitation for interpreters to release names or contact details: school designation, notice, and opt-out rules matter. A request from a parent, employee, lawyer, or community member belongs with the responsible school official.

Student health information is a frequent source of confusion. School-maintained records at a FERPA-covered K–12 school are generally governed by FERPA rather than HIPAA. Records held by an independent healthcare provider can involve different rules. The location or subject matter alone does not determine the answer.

In an urgent safety situation, activate the applicable emergency process and notify responsible staff. Do not delay emergency help while attempting your own legal analysis, and do not broadcast records to a group chat.

Sources: U.S. Department of Education · U.S. Department of Education

LESSON 05

Use a careful document routine

Prepare in a private workspace. Check recipients before sending a message, use school-approved links and accounts, and avoid showing unrelated records during screen sharing. Do not record a meeting or place student content in a personal translation, transcription, or AI service without the required authorization.

After the assignment, follow the agreed return, retention, and secure-disposal instructions. Do not assume deleting one email removes downloads, synced copies, or screenshots. Ask for help if material has reached a personal device or account unexpectedly.

If you lose papers, expose a shared link, or send a file to the wrong person, report promptly to the designated contacts. Describe what happened without multiplying copies of the record. The school and responsible organization determine the response and any notification duties; the interpreter should not attempt a private cover-up.

Sources: U.S. Department of Education · National Association of Educational Translators and Interpreters of Spoken Languages

LESSON 06

Practice an authorized-access check

Good preparation asks for enough context to interpret well while keeping student information under the school’s control. You can request an agenda, specialized terms, and the relevant pages through approved means without requesting every record in a student’s file. Explain why a particular document would support the assigned meeting.

Sources: U.S. Department of Education · National Association of Educational Translators and Interpreters of Spoken Languages