What FERPA counts as an education record
The Family Educational Rights and Privacy Act, known as FERPA, protects the privacy of student education records in all schools receiving federal funds. Education records under FERPA mean any records, files, documents, or other materials maintained by the school or a person acting for the school that contain information directly related to a student. This includes grades, attendance, disciplinary files, health information recorded by the school, and records on special education status.
Simply put, if it is maintained by the school and identifies a student, it usually falls under FERPA. Exceptions include law enforcement unit records, notes kept in the sole possession of the maker (such as a teacher's private notes not shared with others), and records on employees who are also students, but only in their capacity as employees. Most items a substitute teacher might see on a desk or in a digital folder, like a class list, a seating chart, or a roster with medical alerts, qualify as education records under this law. That brings a set of compliance obligations every time staff prepare substitute materials.
Keep reading: District Sub Pool, Agency, or Building Sub: Coverage Models Compared
Why a substitute can qualify as a school official with a legitimate educational interest
FERPA does not bar all sharing of student records within a school. The law allows disclosure to "school officials" with a "legitimate educational interest." Substitute teachers, even if they are not employees but are under contract or on call, can qualify as school officials when they are temporarily carrying out the duties of a regular staff member. This is true as long as the school or district defines substitutes as officials in its FERPA policy, and the substitute has the same responsibilities as the absent teacher.
For the substitute, "legitimate educational interest" means needing student information to carry out assigned classroom duties. This covers the basics: names, seating, emergency contacts, approved pick-up lists, and any information necessary to maintain order or address student needs during the assignment. The district must ensure substitutes are trained to use this information only for the intended purpose and to keep it confidential, not to share with unauthorized staff, students, or anyone outside the school.
Allergies, seizure plans, and the health and safety emergency exception
FERPA makes an exception for disclosures necessary to protect the health or safety of students or others. This is sometimes called the "health and safety emergency exception." It allows schools to provide information about allergies, medical conditions, seizure action plans, and other urgent considerations directly to the substitute if needed to prevent harm.
Examples include a student's severe peanut allergy with EpiPen instructions, a seizure protocol, or a diabetic care plan. The key is that only the information required to respond to the specific risk should be shared. The substitute does not need to know a full medical history or diagnosis, just enough to act if a crisis arises. Schools should provide concise, actionable notes and avoid over-sharing. When in doubt, consult the school nurse or administrator about what is appropriate to include.
Keep reading: Eight Sub Plan Mistakes That Cost a Full Day of Instruction
IEP and 504 accommodations a sub is legally required to implement
Federal law, through the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act, requires all staff, including substitutes, to implement accommodations and modifications documented in a student's Individualized Education Program (IEP) or 504 plan. Failure to provide these can put the school out of compliance and may deny a student a free and appropriate public education (FAPE).
What must be shared? Only the specific accommodations and supports necessary for the substitute to follow the plan. This typically means:
- Instructions for seating (for vision, hearing, or behavioral needs)
- Testing modifications (extra time, alternate location, read-aloud support)
- Behavior intervention strategies for classroom management
- Assistive technology requirements
- Any adult support or supervision mandated in the plan
It is not necessary to provide the substitute with the student's full IEP or 504 plan, summary of testing, or diagnostic labels. The focus is on actionable steps for the day or days the substitute is assigned. Districts often summarize these accommodations in a "sub folder" or daily hand-off sheet. When in doubt, ask your special education coordinator or administrator to review what is being shared.
What to leave out: diagnoses, discipline history, and family circumstances
FERPA's minimum necessary principle means providing only what the substitute needs to manage the class and keep students safe. Certain categories of information should not be included in the substitute folder unless there is a compelling, specific need directly tied to classroom operation.
Diagnoses and Medical Labels
Substitutes do not need to know a student's diagnosis, such as autism, ADHD, epilepsy, or anxiety disorder. Instead, list only the relevant support or accommodation ("preferential seating," "allow breaks," "epinephrine in nurse's office for severe allergy"). This protects privacy and keeps the focus on what the substitute can actually implement.
Discipline and Behavior History
Past discipline incidents or detailed behavioral records should not be shared, unless a behavior intervention plan is active and the substitute needs specific instructions to maintain safety or order. Even then, describe the intervention needed, not the student's history or incidents that led to the plan.
Family and Custody Situations
Information about a student's home life, custody arrangements, or family circumstances should be left out unless it is essential for the substitute to know for safety or dismissal (such as an explicit restriction on who may pick up a child). In those rare cases, provide only what is necessary for compliance at that moment.
See how ChalkHandoff handles this for k12 education
Storing the folder so students cannot read it from the desk
Physical security of substitute folders is a FERPA requirement often overlooked in the day-to-day scramble. Printed sub folders or hand-off packets should never be left unattended on the teacher's desk, especially in open view. Students can easily see names, medical notes, or accommodation lists when folders are exposed during transitions, lunch, or prep periods.
Best practice is to store the folder in a locked drawer, file cabinet, or an envelope marked "Confidential." Leave clear written instructions for the substitute to keep the folder with them or secured at all times, and to return it to a designated location at the end of the day. If the classroom does not have a lockable space, consider keeping the folder in the main office and having the substitute sign it in and out. Districts should remind staff that even accidental student viewing is a FERPA violation.
Shared drives, printed copies, and your district's retention rules
Substitute materials often exist in both digital and paper formats. If your school uses shared drives or cloud storage to house sub plans or hand-off packets, access should be tightly controlled. Only those assigned as substitutes or involved in classroom support should have permission to view these folders. Avoid storing files in general staff drives, student-accessible folders, or unsecured locations.
Printed copies should be collected at the end of the day and either returned to a secure location or shredded. Do not leave old sub packets lying around or file them in common areas. Districts may have retention rules for these materials, some require shredding immediately after sub service, others keep plans for a fixed period for audit purposes. Always check with your central office or compliance officer about current policy, and update your practices if the rules change.
For classrooms that need to prepare for frequent absences, reusable templates can help staff keep the right information in the right hands, and out of sight of the wrong ones. Tools that create seating charts and accommodation summaries for substitute teachers, with secure hand-off options for both paper and digital formats, support compliance with FERPA and related laws without adding daily paperwork. ChalkHandoff and similar platforms are designed for this situation.
