FERPA, HIPAA, and IDEA haven’t changed in 2026, but the expectations governing them have.
What’s Actually Changed for Districts?
Rising expectations for compliance, protection of student data, and vendor oversight are putting new pressure on superintendents, SPED directors, and K-12 leaders during a time when federal funding is often inadequate and uncertain.
- The federal government has increased their expectations of K-12 schools in regard to parental rights and has released an updated FAQ addressing obligations.
- Clarification regarding joint FERPA–HIPAA guidance means that certain student health and mental health records that might be classified as FERPA education records are expected to be treated with HIPAA‑level safeguards when outside providers or school‑based clinics are involved.
- Vendor and edtech oversight are a growing stress, with districts expected to know exactly which partners handle student data and under what contractual and technical guidelines. The FTC has issued new regulations for edtech providers that directly impact schools.
What This Means for SPED and General Ed
K-12 districts already live at the intersection of FERPA, HIPAA, and IDEA. The new year hasn’t changed that, but now districts are seeing:
- Less emphasis on repeated medical re‑diagnoses in some eligibility categories, which helps families but still requires careful documentation of the decision to continue services.
- More precise or more frequent eligibility redeterminations, increasing the volume of evaluations, meetings, and notices that must be tracked.
- A continued expectation that every eligibility and service decision is backed by accessible records, parent participation evidence, and clean timelines.
Each of these areas involves highly sensitive information: evaluations, health details, IEPs, and service logs. FERPA, IDEA, and state complaints so often converge around SPED records.
General education data security is expected to be as strong.
- MTSS and RTI, behavior and attendance systems, and threat‑assessments often embed counseling, health, or social‑emotional data alongside academic indicators.
- Collaboration with school resource officers and safety teams raises questions about when “legitimate educational interest” applies, and how disclosures are recorded.
- State reporting and accountability data reports combine general education and SPED records, widening the circle of staff and systems with access to sensitive information.
Even if you’ve historically thought of FERPA issues as “the registrar’s lane” and HIPAA issues as “the nurse’s lane,” your interconnected systems make privacy a districtwide operational concern.
Four Ways to Be Audit Ready in 2026
Given the heightened oversights and expectations, it is not enough to be compliant; you must adequately demonstrate how you maintain compliance. Here are four concrete moves that help:
Maintain a living data map. Document every system coming into contact with student data: SIS, SPED, assessments, MTSS and RTI, health, transportation, messaging, and vendors. Record data types, owners, user roles, and integrations.
Tighten access and logging. Ensure that role-based permissions match job roles and that activity logs are active and reviewable. You should be able to answer who accessed a record without opening an IT ticket.
Standardize SPED timelines and documentation. Use workflows and reminders to prevent missed evaluations and re-evaluations. Keep IEPs, eligibility records, parent notices, and meeting notes attached to the same student record, not buried in email messages.
Make vendor review a part of privacy, not procurement. Require privacy and security reviews before approving tools. Contracts should define data ownership, permitted uses (including AI training), retentions, deletions, subcontractors, and breach response. Re-review high-risk vendors annually. SchoolDay offers a great guide for building an application approval process.
Where Lumen Touch Fits
Policy alone doesn’t protect you; your platform either enables or undermines your intentions. Your platform either supports compliance or hinders it. Lumen Touch’s all‑in‑one school system connects data streams at the center of FERPA, HIPAA, and IDEA risk, providing:
One environment for academics, SPED, and services. Reduce the emailing, exporting, and duplicating of sensitive data across tools.
SPED workflows aligned to real timelines. Bright SPED supports evaluations, re-evaluations, IEPs, and documentation with built-in reminders and progress tracking.
Role-based access and audit trails. Permissions align to job roles, with logs that show who did what and when.
Reporting without spreadsheets. Answer compliance questions without pulling data into uncontrolled workarounds.
Lumen Touch helps navigate the complexities of compliance and enhance your privacy posture, supporting strong FERPA, HIPAA, and IDEA practices in daily operations. Learn more.