FERPA (Family Educational Rights and Privacy Act)

**K-12 vs Higher Education: key differences**

FERPA applies differently depending on the student's age and enrollment status:

• K-12: Parents hold FERPA rights. Parental consent (via e-signature) is required before disclosing student records. • Higher Ed: Rights transfer to the student at age 18 OR upon enrollment in post-secondary education (whichever comes first). The student — not the parent — must consent to record disclosure.

**FERPA and COPPA overlap**

For students under 13, both FERPA and COPPA (Children's Online Privacy Protection Act) apply. A single parental consent form signed via e-signature can satisfy both requirements simultaneously.

**Common education e-signature use cases**

• Enrollment and registration forms • Parental consent for field trips and activities • Permission slips and media release forms • Directory information opt-out forms • FERPA waiver for transcript release • FAFSA verification documents (parent + student signatures) • Research participation consent (IRB) • International student documents (SEVIS)

**What FERPA requires for e-signatures**

FERPA allows electronic consent, but the consent must be signed and dated, specify the records to be disclosed, identify the recipient, and state the purpose. The e-signature platform must provide a verifiable audit trail proving the parent or eligible student actually consented.