New Jersey FERPA for Education: A Cybersecurity Guide

 

FERPA (Family Educational Rights and Privacy Act) is a federal law that protects the privacy of student education records. While FERPA is a federal law, New Jersey has specific implementations and additional requirements that educational institutions in the state must follow.

 

What is FERPA in New Jersey?

 

In New Jersey, FERPA is supplemented by N.J.A.C. 6A:32 (New Jersey Administrative Code for Student Records) which provides additional protection for student information beyond the federal requirements. This creates a more comprehensive framework for handling student data in the Garden State.

 

Key New Jersey-Specific FERPA Requirements

 

• Mandated Information Security Program: New Jersey educational institutions must implement a formal security program specifically designed to protect student records, going beyond basic FERPA compliance.
• New Jersey Student Learning Standards for Technology: These standards include specific requirements for digital citizenship and data privacy awareness that complement FERPA's data protection goals.
• Enhanced Notification Requirements: New Jersey schools must provide annual notification to parents in both English and the parent's primary language when it differs from English.
• NJ Security Breach Disclosure Law: In addition to FERPA, educational institutions must comply with N.J.S.A. 56:8-163, which requires notification of security breaches involving personal information.
• Retention Schedules: New Jersey has specific record retention requirements that differ from general FERPA guidelines, including maintaining certain student records for 100 years.

 

Who Must Comply with FERPA in New Jersey?

 

• All public K-12 schools in New Jersey
• Public colleges and universities in the state
• Private schools and colleges that receive any federal funding
• Educational service providers contracted by NJ schools
• Third-party vendors handling student data for NJ educational institutions

 

Protected Information Under NJ FERPA

 

New Jersey's implementation of FERPA protects Personally Identifiable Information (PII) in student records, including:

• Basic identifiers: Name, address, phone number, email
• Education records: Grades, transcripts, class schedules, disciplinary records
• Financial information: Payment records, financial aid details
• Health and medical information: Immunization records, health conditions (with additional protection under HIPAA)
• Biometric data: Fingerprints or facial recognition data used by some NJ schools
• New Jersey Smart ID numbers: Unique state identifiers assigned to students

 

Student Rights Under NJ FERPA

 

• Right to inspect: Students (or parents if under 18) can review their education records within 10 days of request (shorter than the federal 45-day requirement)
• Right to request amendments: Students can ask to correct inaccurate information
• Right to privacy: Schools need consent before disclosing protected information
• Right to file complaints: Students can file complaints with both federal offices and the NJ Department of Education

 

New Jersey's Data Breach Response Requirements

 

When a data breach occurs involving student records in New Jersey, institutions must:

• Notify affected individuals "in the most expedient time possible" according to NJ state law
• Report to the New Jersey Division of Consumer Affairs for breaches affecting more than 1,000 residents
• Inform the New Jersey Department of Education through specific channels
• Document the breach and response for potential regulatory review
• Provide credit monitoring services in certain cases (not explicitly required but increasingly expected)

 

Common FERPA Violations in New Jersey Schools

 

• Improper data sharing with unauthorized third-party educational technology vendors
• Inadequate staff training on NJ-specific FERPA requirements
• Unsecured student information systems lacking proper access controls
• Public posting of student information containing identifiable details
• Failure to obtain proper consent before sharing student directory information
• Non-compliant cloud storage of student records without proper safeguards

 

Key Cybersecurity Measures Required in New Jersey

 

• Access controls: Implement role-based access to student information systems with strong authentication
• Encryption: Use encryption for student data both in transit and at rest
• Regular security assessments: Conduct periodic vulnerability scanning and penetration testing
• Incident response plan: Develop and test a plan specifically for student data breaches
• Vendor management: Ensure third-party providers meet NJ data protection standards
• Staff training: Provide regular training on both federal FERPA and NJ-specific requirements

 

FERPA Exceptions in New Jersey

 

Educational records can be disclosed without consent in these specific situations:

• School officials with legitimate educational interest
• Schools to which a student is transferring
• Specified officials for audit or evaluation purposes
• Organizations conducting studies on behalf of the school
• Accrediting organizations
• Response to judicial orders or lawfully issued subpoenas
• Health and safety emergencies (with additional NJ documentation requirements)
• State and local authorities within the juvenile justice system, pursuant to NJ law

 

Steps for FERPA Compliance in New Jersey

 

• Designate a privacy officer responsible for FERPA compliance
• Create a comprehensive data inventory of all student information
• Develop clear policies incorporating both federal and NJ-specific requirements
• Implement technical safeguards including encryption and access controls
• Train all staff on proper handling of student information
• Establish a consent management system for tracking parental/student permissions
• Conduct regular compliance audits at least annually
• Document all data sharing arrangements with vendors and partners

 

Resources for New Jersey Educators

 

• New Jersey Department of Education: Offers NJ-specific guidance on student privacy
• NJ Educational Technology Officers Association: Provides resources for technology leaders in education
• NJ School Boards Association: Offers policy templates compliant with NJ requirements
• New Jersey Cybersecurity & Communications Integration Cell (NJCCIC): State resource for cybersecurity threats and best practices
• Privacy Technical Assistance Center (PTAC): Federal resource with state-specific guidance

 

By understanding and implementing these New Jersey-specific FERPA requirements, educational institutions can better protect student data while maintaining compliance with both state and federal regulations.