Free FERPA AI Compliance Checklist for Educators

Q: What is FERPA?

FERPA (the Family Educational Rights and Privacy Act) is a U.S. federal law that protects the privacy of student education records. It applies to schools and districts that receive funds from the U.S. Department of Education.

Q: Does FERPA apply to AI tools used in schools?

Yes, whenever an AI tool receives personally identifiable information from student education records. Before sharing that kind of data, schools should confirm how the vendor stores, protects and uses it, ideally through a written data agreement.

Q: How do I check if an AI tool is FERPA compliant?

Review the tool's privacy policy and terms, ask for a Data Processing Agreement, confirm that student data is never used to train AI models, check encryption and breach-notification policies, and make sure teachers review AI output before it reaches students. The 12 questions on this checklist walk you through each step.

Q: Is this checklist legal advice?

No. This checklist is an educational resource to guide conversations with your principal, tech coordinator or district. For a final decision, consult your district's privacy officer or legal counsel.

How to use this checklist

Before your school or district adopts any AI tool, run it through these 12 questions. Check a box only when the answer is YES. A tool should meet all 12 before being used with student-related workflows. Share this with your principal, tech coordinator, or department head.

01.Data Privacy & FERPA Compliance

Does this tool explicitly state FERPA compliance in its privacy policy or terms of service? Does the tool require a Data Processing Agreement (DPA) or FERPA-compliant contract with your school/district? Does the vendor guarantee that student data is never used to train its AI models?If student data is used for training, this is a NO. Can the tool be used without students logging in directly with their personal information?Direct student access with personal information is high-risk.

02.Data Security

Does the tool use encryption (HTTPS/TLS) for all data transmission? Does the company have a documented data breach notification policy? Can you request deletion of any data shared with the tool?

03.Equity & Bias

Has the tool been evaluated for algorithmic bias, particularly regarding language learners and students of color? Does the tool perform equally well across different languages, dialects, and cultural contexts relevant to your students? Is there a process to flag and report bias issues to the tool provider?

04.Teacher Control & Accountability

Does the tool require teacher review before any AI-generated content reaches students? Is there an audit trail or log of how the tool has been used within your school?

0/12

Check every question the tool meets.

What your score means

12/12	Tool is approved for classroom use with teacher oversight.
8–11	Proceed with caution. Address gaps with your tech coordinator before use.
< 8	Do NOT adopt. Significant compliance and equity risks identified.

FERPA and AI: frequently asked questions

What is FERPA?

FERPA (the Family Educational Rights and Privacy Act) is a U.S. federal law that protects the privacy of student education records. It applies to schools and districts that receive funds from the U.S. Department of Education.

Does FERPA apply to AI tools used in schools?

Yes, whenever an AI tool receives personally identifiable information from student education records. Before sharing that kind of data, schools should confirm how the vendor stores, protects and uses it, ideally through a written data agreement.

How do I check if an AI tool is FERPA compliant?

Review the tool's privacy policy and terms, ask for a Data Processing Agreement, confirm that student data is never used to train AI models, check encryption and breach-notification policies, and make sure teachers review AI output before it reaches students. The 12 questions on this checklist walk you through each step.

Is this checklist legal advice?

No. This checklist is an educational resource to guide conversations with your principal, tech coordinator or district. For a final decision, consult your district's privacy officer or legal counsel.

Go Further

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ProfeAI's AI courses for educators cover FERPA basics, ethical AI, and practical classroom use. Self-paced, bilingual, with certificate.

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This checklist is an educational resource, not legal advice. Consult your district's privacy officer or legal counsel for final decisions.