Does FERPA apply to university teachers when they are working as private tutors? In addition to teaching at a U.S. university, I also do some private tutoring on the side.  I am always scrupulous about observing my university's conflict of interest policy, which prohibits tutoring a student who is taking a course that I am currently teaching (even if he is in a different section of the same course).  When I'm wearing my "university hat", I know I am bound by FERPA, which prohibits me from (among other things) discussing any student's academic performance with his or her parents, regardless of whether or not they are paying the student's tuition.  (Some parents have a hard time with the idea that they are not allowed to be kept informed of their student's grades.)

It's not clear to me, though, whether the same prohibition applies when I am wearing my "private tutor" hat.  In particular, if a parent is paying for private tutoring for their college-aged child, and that parent wants updates on how those private lessons are going, am I allowed to divulge that information?
On page 3, "FERPA applies to educational agencies or institutions that receive funds from programs administered by the U.S. Department of Education." Because you are a PRIVATE tutor and do not receive funds from the US Department of Education, you are not subject to FERPA. However, there is a fuzzy line on when you're tutoring as an agent of the University or when you are acting on your own. I would recommend as to not juggling the two, that you stick with FERPA laws and respect the student's privacy. Best would be to get written consent from the student to discuss his/her progress with his/her parents.