FERPA for EDU Marketers

Education marketing operates under strict privacy rules. The most important is the Family Educational Rights and Privacy Act (FERPA). This federal law protects student records and limits how this information can be used in recruitment and marketing.

Why Privacy Matters in EDU Marketing

FERPA is often described as the “HIPAA for schools.” Just as HIPAA safeguards medical records, FERPA safeguards student education records. These include names, email addresses, grades, transcripts, disciplinary files, and financial aid information.

For marketers, FERPA extends beyond schools. It applies to marketing vendors, recruitment partners, and third-party platforms that work with student data. If your campaigns involve student information, you are part of the compliance framework.

Marketing Impact

• Build trust – Families expect their information will be used only with consent and for legitimate educational purposes.

• Avoid risk – FERPA violations can result in federal investigations, financial penalties, and even loss of Title IV financial aid funding.

Marketers who adopt privacy-first practices can design campaigns that reach prospective students while staying compliant. This approach protects institutional reputation and supports sustainable enrollment growth.

FERPA Basics

FERPA applies to all schools that receive U.S. Department of Education funding. That includes K–12 institutions, colleges, and universities. It is the primary federal law protecting the privacy of student education records and sets strict rules for how those records are collected, maintained, and shared.

Education records include grades and class schedules, disciplinary records, financial aid and billing information, and personally identifiable information (PII) such as addresses, phone numbers, and Social Security numbers. If a record is tied to a student and maintained by the institution, FERPA applies.

Control of these records changes as students mature. Parents hold FERPA rights until a student turns 18 or enrolls in postsecondary education. After that, rights transfer to the student.

Records can only be shared with outside parties, including marketing vendors, recruitment partners, or technology providers, with written consent. Institutional staff may access records without consent only if they have a legitimate educational interest tied to their job responsibilities.

FERPA also allows schools to classify certain details as “directory information,” which may be disclosed unless a student opts out. Directory information can include:

• Name, address, telephone number, and institutional email

• Date and place of birth

• Major field of study, enrollment status, and participation in activities or athletics

• Dates of attendance, degrees earned, and the most recent school attended

Schools must provide annual notification of FERPA rights to students and parents, ensuring continued awareness of how records are protected.

For marketers, the implication is straightforward: student data is a regulated asset. It cannot be treated like a standard lead list or consumer dataset. Every campaign, CRM workflow, and third-party relationship must align with FERPA’s requirements for consent, disclosure, and data governance.

Implications for Marketing Practices

FERPA makes it clear that student data is not a standard marketing asset. Schools and their partners cannot treat education records like consumer lead lists. Every campaign, CRM integration, and vendor relationship must comply with FERPA’s requirements for consent, authorization, and secure data-sharing.

Examples in practice

• Compliant: When a prospective student registers for a webinar and opts in, the marketing team can send reminders and admissions resources. Consent makes this communication permissible.

• Non-compliant: A school purchases a third-party student list or exports admissions data to run targeted ads. Using that information without explicit authorization is a FERPA violation.

• Conditional: Directory information — such as a student’s name, major, or participation in athletics — may be disclosed if the student has not opted out. Marketers must confirm disclosure preferences before relying on this data.

Compliance and marketing effectiveness go hand in hand. Respecting privacy prevents penalties while strengthening credibility with families, which directly supports enrollment and retention goals.

Beyond Federal Requirements

FERPA is only the federal baseline. Many states impose additional privacy requirements. California’s Student Online Personal Information Protection Act (SOPIPA) limits how online services, analytics tools, and advertising platforms use student data. New York’s Education Law §2-d enforces strict vendor contracts and data security standards. States such as Colorado and Connecticut have also established their own student data privacy frameworks.

Tracking federal and state requirements helps build campaigns that are effective, compliant, and resilient. This awareness is critical for enrollment marketing teams planning long-term strategies.

Practical Tips for EDU Marketers

Compliance is determined by how student data is handled in everyday campaigns. The following practices help ensure marketing efforts are both effective and legally sound.

Build opt-in campaigns by design

Use forms, event registrations, and content downloads to collect student information with clear consent. Make it obvious what communications participants will receive and how their data will be used.

Work with vetted partners

Third-party platforms, recruitment agencies, and marketing vendors must meet FERPA and state-level requirements. Contracts should include data protection obligations, security standards, and clear limits on how information can be shared.

Keep CRM and automation secure

Education CRMs and marketing automation tools often integrate admissions data with campaign workflows. Access should be role-based, logged, and regularly reviewed to maintain compliance.

Respect directory information limits

Even if FERPA allows disclosure of directory data, students must have the option to opt out. Marketing teams should check these preferences before including directory details in campaigns or communications.

Align with broader privacy standards

While FERPA is education-specific, many institutions also adopt practices that overlap with GDPR, CCPA, or other privacy frameworks. 

These practices protect institutions from violations while showing families their information is respected. In higher education marketing, trust is as important as reach.

Common Compliance Challenges

Even with FERPA’s rules in place, marketers often face situations that don’t have simple answers. The law sets boundaries, but gray areas appear when marketing practices intersect with real-world tools and workflows. Recognizing these scenarios helps teams reduce risk and make informed decisions.

Examples include:

Legacy data and inherited lists

Older student records may not have clear documentation of consent or directory opt-outs, creating uncertainty when used in new campaigns.

Third-party platform integrations

Uploading student lists into tools like Facebook Custom Audiences or Google Customer Match can create FERPA risks if proper authorization isn’t in place.

Cross-institution campaigns

Multi-campus systems or partnerships complicate consent and directory information, since each institution must respect its own FERPA obligations.

Event marketing with partners

Co-sponsored webinars or recruitment programs require explicit agreements about how student data will be collected and shared.

International students and cross-border data

FERPA applies to international students at U.S. institutions, but their home countries may impose additional privacy obligations.

These challenges show why compliance in education marketing requires both legal awareness and practical judgment.

FAQ

Does FERPA apply to prospective students, or only enrolled students?

FERPA rights apply once a student is officially enrolled. However, marketing teams should still apply privacy-first practices with inquiries and applicants to avoid reputational risk and to stay compliant with other regulations.

Can schools share student lists with recruitment partners?

Not without written consent. Even if the intent is legitimate outreach, FERPA prohibits sharing education records with outside vendors unless authorization has been granted.

What counts as a “legitimate educational interest”?

This is when a staff member needs access to records to fulfill their job duties — for example, an admissions officer reviewing applications. It does not extend to marketing partners or third-party agencies.

Are there state laws marketers need to know beyond FERPA?

Yes. California’s SOPIPA, New York’s Ed Law §2-d, and similar laws in Colorado and Connecticut add requirements for online services, data security, and vendor contracts. These may affect marketing platforms, analytics tools, and partnerships.

How should marketers approach compliance in practice?

The safest path is to build opt-in campaigns, work with vetted vendors, and confirm directory information preferences. Privacy-first marketing not only prevents violations but also builds trust with families.

Disclaimer
This article is provided for informational purposes only and does not constitute legal advice. Education institutions and marketing teams should consult qualified legal counsel or compliance professionals for guidance on how FERPA, state privacy laws, or other regulations apply to their specific circumstances.