FERPA
U.S. federal law protecting student education records privacy
WELL
Performance-based certification for occupant health and well-being.
Quick Verdict
FERPA mandates student record privacy for U.S. schools via federal funding leverage, while WELL is voluntary certification optimizing buildings for health. Schools comply with FERPA to retain funds; building owners pursue WELL for ESG, productivity, and market differentiation.
FERPA
Family Educational Rights and Privacy Act of 1974
WELL
WELL Building Standard v2
Key Features
- 10 core concepts covering air, water, light, and mind
- Mandatory preconditions and optional optimizations
- On-site performance verification testing
- Certification tiers from Bronze to Platinum
- Continuous monitoring and annual reporting pathways
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 protecting privacy of student education records containing personally identifiable information (PII). It applies to institutions receiving federal education funds, using a rights-based governance model with consent requirements, exceptions, and enforcement via funding leverage.
Key Components
- Core rights: inspect/review within 45 days, amend inaccurate records, consent to PII disclosures.
- Definitions: broad education records, expansive PII (direct/indirect/linkable), directory information.
- 15+ disclosure exceptions (school officials, emergencies, audits).
- Obligations: annual notices, disclosure logs, vendor controls. No certification; DOE complaint-based compliance.
Why Organizations Use It
- Mandatory for federal fund recipients to avoid penalties.
- Mitigates breach risks, ensures lawful data sharing.
- Builds stakeholder trust, enables edtech innovation.
- Strategic governance for privacy, vendor management.
Implementation Overview
Phased approach: governance setup, data inventory/classification, policies/training, RBAC/tech controls, vendor DPAs, monitoring/audits. Suits K-12/postsecondary; scales by size. Focuses on operational controls, no external cert needed.
WELL Details
What It Is
The WELL Building Standard (WELL v2) is a performance-based certification framework administered by the International WELL Building Institute (IWBI). It focuses on designing, operating, and verifying buildings to advance human health and well-being. Its evidence-based approach emphasizes measurable outcomes through preconditions (mandatory) and optimizations (optional points).
Key Components
- **10 core conceptsAir, Water, Nourishment, Light, Movement, Thermal Comfort, Sound, Materials, Mind, Community (plus Innovation).
- 24 Preconditions and 102 Optimizations.
- **Certification tiersBronze (40 points), Silver (50), Gold (60), Platinum (80), with concept minimums at higher levels.
- Built on public health research and verified via on-site testing.
Why Organizations Use It
- Drives productivity, retention, ESG reporting; higher rents and asset values.
- Mitigates health risks; complements LEED for holistic sustainability.
- Builds stakeholder trust through verified performance.
Implementation Overview
- Phased: gap analysis, scorecard, documentation, on-site verification, recertification every 3 years.
- Applies to new/existing buildings, all sizes/industries globally.
- Requires cross-functional teams, continuous monitoring.
Key Differences
| Aspect | FERPA | WELL |
|---|---|---|
| Scope | Student education records privacy and access rights | Building design/operations for occupant health/well-being |
| Industry | U.S. education (K-12, postsecondary) receiving federal funds | Global real estate, offices, residential, commercial buildings |
| Nature | Mandatory U.S. federal law with funding enforcement | Voluntary performance-based certification standard |
| Testing | No mandated testing; complaint investigations by Dept. of Ed | On-site performance verification and third-party testing |
| Penalties | Federal funding withholding, enforcement actions | Loss of certification, no legal penalties |
Scope
Industry
Nature
Testing
Penalties
Frequently Asked Questions
Common questions about FERPA and WELL
FERPA FAQ
WELL FAQ
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