In an education system increasingly driven by digital tools, compliance with federal regulations is essential - not just for data privacy, but also for ensuring equal access. Two of the most critical frameworks that schools and EdTech providers must navigate are the Family Educational Rights and Privacy Act (FERPA) and digital accessibility requirements under laws such as the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
While FERPA governs the privacy and security of student education records, accessibility laws require that digital content and platforms be usable by all students – including those with disabilities.
Read the article to understand FERPA and digital accessibility.
FERPA: Protecting student privacy
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Key provisions include:
- Rights to privacy: Students (and parents of minor students) have the right to inspect and review education records.
- Consent for disclosure: Schools generally must obtain written consent before disclosing personally identifiable information (PII) from education records, unless an exception applies.
- Security obligations: Educational institutions must implement reasonable safeguards to protect the confidentiality and integrity of student data.
FERPA applies to all schools, colleges, and educational institutions that receive funding from the U.S. Department of Education - as well as the third-party vendors (including EdTech providers) that manage or access student records on their behalf.
Digital accessibility laws in education
While FERPA protects privacy, accessibility laws like the ADA and Section 504 protect students from discrimination based on disability. In practical terms, this means:
- Digital content must be accessible: Websites, learning management systems, multimedia, and digital documents must be perceivable, operable, understandable, and robust, in line with standards such as Web Content Accessibility Guidelines (WCAG) 2.1.
- Accommodations must be provided: Schools must ensure students with disabilities can equally participate in digital learning environments.
Failure to meet accessibility standards can lead to complaints, investigations, and legal risks - just as inadequate FERPA compliance can.
Reasons to integrate FERPA and digital accessibility
Although privacy and accessibility address different rights, they intersect in digital environments:
- Accessible privacy interfaces
- Accessible consent processes
- Accessible FERPA notices
FERPA requires that students and parents have access to and review education records. If the interface where those records are stored is inaccessible - for example, a PDF that cannot be read by a screen reader - then students with disabilities may be unable to exercise their FERPA rights.
Consent forms for FERPA disclosure must be accessible. A consent form that uses non-accessible controls or lacks alternative text can exclude students with disabilities from understanding their rights or agreeing to data sharing.
Annual FERPA notifications – including policies on data sharing – must be accessible to all students and parents.
In short, privacy compliance isn’t truly complete unless it’s accessible.
Common digital accessibility challenges in FERPA contexts
Here are some areas where privacy and accessibility issues commonly overlap:
- Online portals
- PDFs and digital documents
- Multimedia content
- Authentication and security features
Student information systems often store grades, attendance, and other records. If these systems aren’t accessible, students with disabilities may be unable to access their own records.
Important FERPA notices are frequently distributed as PDFs. Without proper PDF tagging and structure, these files can be inaccessible to screen readers.
Videos explaining privacy rights must include captions and accessible transcripts.
Login pages and multi-factor authentication must be operable by users with disabilities - for example, keyboard-only navigation and compatibility with assistive technologies.
Practical steps to implement/maintain compliance
- Conduct an accessibility audit
- Use WCAG as a benchmark
- Train staff and vendors
- Choose accessible EdTech tools
- Monitor updates
Assess all digital platforms used for FERPA-related content - not just core systems, but also embedded tools, accessibility widgets, and third-party services.
WCAG 2.1 Level AA is widely accepted as the standard for digital accessibility in education.
Educators, administrators, and technology partners must understand both FERPA and accessibility obligations.
Ensure that software providers can demonstrate accessibility conformance and provide documentation.
Both accessibility standards and privacy practices evolve. Regular reviews are essential.
Vendor and contract considerations: A crucial aspect
Schools should include specific terms in contracts with EdTech vendors:
- Data privacy
- Accessibility requirements
- Support and training
Clear FERPA compliance obligations.
Limitations on use and disclosure of student data.
Commitment to comply with WCAG standards.
Remediation plans and timelines for accessibility issues.
Accessibility documentation.
Assistance with accessible FERPA implementation.
Benefits of integrated compliance
When FERPA and accessibility are treated as part of a unified compliance strategy, schools and EdTech providers benefit from:
- Reduced legal risk
- Improved student experience
- Greater inclusivity and equity
Students with disabilities gain equitable access to information and services, which aligns with the broader mission of education.
Read more: WCAG Compliant Color Contrast: Tips, Tools & Best Practices
Wrapping up
FERPA and digital accessibility are both critical compliance areas in education – but they shouldn’t be siloed. Compliance means ensuring that every student can both access their rights and understand their privacy choices, regardless of their disabilities. Schools and EdTech providers that integrate privacy and accessibility into their digital strategies will not only meet legal requirements but also foster a more inclusive and empowering educational environment.
Looking to navigate FERPA compliance and digital accessibility? We support K–12 schools, universities, and EdTech SaaS providers with practical accessibility audit, accessibility widget, remediation, VPAT / ACR, regular monitoring, and compliance guidance aligned with WCAG, Section 508, and education privacy expectations. Partner with us for both accessibility and regulatory requirements to help reduce risk, improve usability, and support inclusive digital learning experiences. Reach out hello@skynettechnologies.com for more information.
