August 25, 2026 | 2:00 PM – 3:00 PM ET
This opening webinar examines more than a decade of guidance documents, enforcement letters, and policy interpretations from the Department of Education. Participants will explore the persistent challenge of defining what constitutes an “education record” in the digital age, including how courts and the Department have grappled with emails, text messages, metadata, and AI-generated analytics.
Key topics include:
- The evolving scope of education records beyond traditional transcripts, extending to financial aid, disciplinary, and medical information
- Sole-possession record and law enforcement unit record exemptions and when they are lost
- Criteria for third-party access without student consent, including the school official exception and written agreement requirements
- Why institutions cannot mandate that students waive FERPA rights as a condition of using educational services (the Agora Cyber Charter School case)
- Complex data sharing, integrated data systems, and workforce development reporting under WIOA
- Why conservative compliance approaches that err on the side of privacy protection are the defensible standard
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