Family Educational Rights and Privacy Act (“FERPA”)
FERPA governs the circumstances under which schools or school officials can disclose Educational Records. Specifically, FERPA provides that, with the exception of directory information, parents or eligible students shall “provide a signed and dated written consent before an…institution discloses personally identifiable information from the student’s education records, except as provided in § 99.31.”
If a school does not disclose personally identifiable information, FERPA is not implicated. FERPA does not regulate independent third parties who do not receive student personally identifiable information from schools or school officials and instead receive this information directly from students or their parents/guardians.
zyBooks does not fall under the category of “School Official” as that term is defined by the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g.