FERPA and School Newsletters: What Every Educator Needs to Know

FERPA, the Family Educational Rights and Privacy Act, is the federal law that governs access to and disclosure of student educational records in the United States. For school newsletters, FERPA shapes what information you can include about students, how you can share it, and what consent is required before you do. Most school newsletters do not run into FERPA problems because they are written at the right level of generality. But understanding where the line is helps educators write with confidence rather than vague anxiety about what is and is not allowed.

What FERPA Actually Protects

FERPA protects education records, which are records, files, documents, and other materials that contain information directly related to a student and are maintained by the school or by someone acting for the school. This includes grades, disciplinary records, attendance records, counseling records, and health records maintained by the school. It does not protect general classroom observations that a teacher personally made and keeps only for their own reference, or information that is not about a specific identifiable student. The line in newsletter writing is usually obvious: writing that a class studied photosynthesis is fine, writing that a specific student scored 45 percent on the photosynthesis test is not.

Directory Information and What Schools Can Include Without Consent

FERPA allows schools to designate certain categories of student information as directory information and disclose it without prior written consent, provided families have been given notice and the opportunity to opt out. Common directory information designations include student name, grade level, participation in officially recognized activities and sports, and honors and awards received. When a school newsletter mentions students on the honor roll, names athletes who won a championship, or lists students in the school play, it is typically disclosing directory information. This is permissible as long as the school has given families annual FERPA notice and maintained records of any opt-outs.

The Directory Information Opt-Out: Who It Affects

The opt-out right means that families can request that their child's directory information not be disclosed without written consent. When a family exercises this right, the school must not include that student's name in newsletters, honor roll announcements, sports results, or any other public-facing communication. Most schools receive opt-out requests from a small percentage of families, but those families' preferences must be honored consistently. A newsletter that names the honor roll and includes a student whose family has filed an opt-out is a FERPA violation regardless of how positive the recognition is. Schools should maintain an easily accessible opt-out list and check it before including any student names in communications.

Photos and Videos in School Newsletters

Photographs and videos that identify individual students are considered directory information by many schools if they are included in newsletters, websites, or social media. However, FERPA's application to photos is an area where practice varies. Many schools obtain separate photo consent at enrollment rather than relying on directory information designation. If your school uses photos in newsletters, the consent practices should be reviewed with your district's legal counsel or data protection coordinator to ensure they are appropriate for your jurisdiction and community.

Class Rosters, Parent Directories, and Sharing Between Families

A common FERPA question for newsletters is whether it is permissible to share a class roster, parent contact list, or birthday list with other families in the class. Sharing these lists through the school newsletter system distributes student directory information without prior written consent from each family. Many schools navigate this by creating an opt-in process where families who want to share their information with other families for social purposes do so voluntarily, and the school only facilitates the connection rather than distributing records. When families share their own information voluntarily, FERPA does not restrict it. When the school shares records of families who have not consented, it does.

Writing Newsletters That Are Compliant Without Being Sterile

FERPA compliance does not mean newsletters have to be devoid of student recognition or classroom color. There is a large space between violating FERPA and writing newsletters that are engaging and informative. Describing what students did as a group is fine: "Our fourth graders completed their community service project last week." Naming students who have consented through directory information designation is fine: "The following students earned honor roll recognition." Including photos with proper consent is fine. The things that are not fine, sharing academic records, disciplinary details, health information, or student-specific data without consent, are also things that most thoughtful school communicators would not put in a newsletter regardless of FERPA. The law mostly formalizes what good judgment already recommends.