Standards Comparison

    FERPA

    Mandatory
    1974

    U.S. federal regulation protecting student education records privacy

    VS

    BREEAM

    Voluntary
    1990

    Global sustainability certification for built environment

    Quick Verdict

    FERPA mandates student data privacy for US schools, ensuring access and consent rights to protect PII and avoid funding loss. BREEAM voluntarily certifies sustainable buildings worldwide, driving energy efficiency and health benefits for market value and ESG gains.

    Student Privacy

    FERPA

    Family Educational Rights and Privacy Act of 1974

    Cost
    €€€
    Complexity
    Medium
    Implementation Time
    6-12 months

    Key Features

    • Grants rights to inspect, amend, and consent to disclosures
    • Expansive PII definition including linkable indirect identifiers
    • Enumerated exceptions for school officials and emergencies
    • Mandates 45-day access response and annual notifications
    • Requires detailed disclosure logging and recordkeeping
    Building Sustainability

    BREEAM

    Building Research Establishment Environmental Assessment Method

    Cost
    €€€
    Complexity
    High
    Implementation Time
    12-18 months

    Key Features

    • Credit-based weighted scoring across 10 categories
    • Third-party certification by licensed assessors
    • Scheme-specific for new build, in-use, infrastructure
    • Evidence-driven with KBCN updates and audits
    • Whole-life carbon and biodiversity net gain focus

    Detailed Analysis

    A comprehensive look at the specific requirements, scope, and impact of each standard.

    FERPA Details

    What It Is

    FERPA (Family Educational Rights and Privacy Act of 1974, 20 U.S.C. §1232g; 34 CFR Part 99) is a U.S. federal regulation establishing privacy protections for student education records in institutions receiving federal funds. Its primary purpose is granting parents and eligible students (age 18+ or postsecondary) rights to access, amend, and control disclosures of personally identifiable information (PII). It uses a rights-based approach with consent requirements and enumerated exceptions.

    Key Components

    • Core rights: inspect/review (45 days), amend inaccurate records, consent to disclosures.
    • Definitions: broad education records and PII (direct/indirect identifiers).
    • Exceptions: school officials with legitimate educational interests, emergencies, directory info.
    • Obligations: annual notices, disclosure logs, vendor controls. No certification; enforced via complaints and funding penalties.

    Why Organizations Use It

    Mandatory for federally funded schools to avoid funding loss and lawsuits. Enhances trust, enables safe data sharing, supports operations like transfers and audits. Builds reputation and aligns with state privacy laws.

    Implementation Overview

    Phased program: governance, data inventory, policies/training, technical controls (RBAC, logging), vendor DPAs. Applies to K-12/postsecondary; scalable by size. Focuses on operational processes over certification.

    BREEAM Details

    What It Is

    BREEAM (Building Research Establishment Environmental Assessment Method) is a science-led sustainability certification framework for the built environment. Launched in 1990 by BRE, it assesses environmental, social, and resilience performance across buildings, infrastructure, and communities. Its credit-based methodology evaluates performance through weighted categories, yielding ratings from Pass to Outstanding.

    Key Components

    • Ten core categories: Management, Health & Wellbeing, Energy, Transport, Water, Materials, Waste, Land Use & Ecology, Pollution, Innovation.
    • Hundreds of credits with prerequisites, evidence requirements, and weightings.
    • Built on third-party assurance via licensed assessors and BRE audits.
    • Certification model includes scheme-specific manuals and ongoing KBCNs.

    Why Organizations Use It

    • Drives ESG compliance, net-zero alignment, and EU Taxonomy support.
    • Reduces operational costs (e.g., 22-33% energy savings) and boosts asset value (up to 30% premiums).
    • Mitigates regulatory, financial, and reputational risks.
    • Enhances market differentiation and tenant appeal.

    Implementation Overview

    • Phased approach: pre-assessment, design integration, construction evidence, certification.
    • Requires early assessor/AP appointment, evidence management, training.
    • Applicable globally across asset types/sizes; BRE audits ensure validity.

    Key Differences

    Scope

    FERPA
    Student education records privacy and access rights
    BREEAM
    Building sustainability, health, environmental performance

    Industry

    FERPA
    US education institutions receiving federal funds
    BREEAM
    Global construction, real estate, infrastructure projects

    Nature

    FERPA
    Mandatory US federal regulation for funded entities
    BREEAM
    Voluntary third-party certification standard

    Testing

    FERPA
    Complaint investigations by Dept of Education
    BREEAM
    Licensed assessor audits and BRE quality assurance

    Penalties

    FERPA
    Federal funding withholding, enforcement actions
    BREEAM
    Loss of certification, no legal penalties

    Frequently Asked Questions

    Common questions about FERPA and BREEAM

    FERPA FAQ

    BREEAM FAQ

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