FERPA Enforcement, No Private Right, and Preemption
FERPA is enforced by the Department of Education through the Family Policy Compliance Officer (FPCO); the ultimate penalty is loss of federal funding. FERPA gives no private right of action and sets only a minimum federal standard - it does not preempt stricter state law.
Parents or eligible students who believe their rights were violated file complaints with the Department of Education. The Family Policy Compliance Officer (FPCO) investigates and typically provides technical assistance. The ultimate sanction is loss of federal funding.
FERPA provides no private right of action to parents and eligible students (consistent with Gonzaga University v. Doe). Enforcement runs only through the Department of Education.
FERPA establishes a minimum federal standard for record confidentiality and access. It does not preempt state law, so stricter state student-privacy laws stand alongside it. Nearly all states have at least one student-privacy law, and a majority supplement FERPA.