Legal References (FERPA and Cross-Agency)

This section provides education stakeholders, such as state and local educational agencies and institutions, as well as the postsecondary community, with a list of important legal resources related to privacy and confidentiality of personally-identifiable information from education records (PII). These resources contain relevant materials from the Family Policy Compliance Office (FPCO) and Data Quality Campaign (DQC), including reviews of various Federal statues and their provisions, explanations of policy changes affecting protection of PII, and model documents designed to aid educational agencies and institutions with drafting appropriate legal notices when communicating about privacy issues (e.g., when notifying parents and eligible students about their rights).
 
Available resources are listed below in chronological order, with the most recent at the top of the page:

Toolkit Legal References

Joint FERPA Letter with ED OESE HHS ACF (Apr 2013)

This letter written to Chief State School Officers and State Child Welfare Directors between the U.S. Department of Health and Human Services and Department of Education describes the Uninterrupted Scholars Act and its impact on data sharing between education and health and human service agencies.

Toolkit Legal References

Webinar: The Intersection of FERPA and IDEA Confidentiality Provisions (Mar 2012)

This presentation provides an overview of definitions, confidentiality provisions, and the latest regulatory changes under the Family Educational Rights and Privacy Act and Part B of the Individuals with Disabilities Education Act.  The presentation highlights similarities and differences in the requirements between the two statues.

Toolkit Legal ReferencesWebinar: FERPA for Colleges and Universities (Feb 2012)

This presentation provides an overview of definitions, confidentiality provisions, and recent regulatory changes under the Family Educational Rights and Privacy Act that are particularly relevant to the postsecondary community. It covers a variety of topics, including parental and eligible students’ rights to access and review education records, procedures for amending education records, and requirements for disclosing personally-identifiable information from education records.

Toolkit Legal ReferencesModel Notification of Rights for Elementary and Secondary Schools (Feb 2012)

This document is a template notice for notifying parents and eligible students (students 18 years of age or older or who attend a postsecondary institution) about their rights under the Family Educational Rights and Privacy Act (FERPA) with respect to students’ education records.

 

Toolkit Legal References

Webinar: FERPA 101 (Dec 2011)

This presentation introduces the Family Educational Rights and Privacy Act (FERPA), reviews basic concepts and mandatory requirements under FERPA, and summarizes key regulatory changes effectuated by the 2011 FERPA amendment.

Toolkit Legal ReferencesModel Notification of Rights under FERPA for Postsecondary Institutions (Dec 2011)

This document is an example of a notice that postsecondary institutions can use to inform parents and eligible students (students 18 years of age or older or who attend a postsecondary institution) about their rights under the Family Educational Rights and Privacy Act (FERPA) with respect to students’ education records.

Toolkit Legal ReferencesModel Notice for Directory Information (Mar 2011)

This document is a template notice for notifying parents and eligible students (students over 18 years of age or attending a school beyond the high school level) about the type of information from student’s education records, designated by a School District as “directory information,” that schools may disclose without consent, unless advised to the contrary.

Toolkit Legal ReferencesTechnical Brief #1: Basic Concepts and Definitions for Privacy and Confidentiality in Student Education Records (Nov 2010)

This Technical Brief discusses basic concepts and definitions that establish a common set of terms related to the protection of personally identifiable information, especially in education records in the Statewide Longitudinal Data Systems (SLDS). This Brief also outlines a privacy framework that is tied to Fair Information Practice Principles that have been promulgated in both the United States and international privacy work.

School Volunteer Brochure

The Privacy Technical Assistance Center has produced a brochure that schools can use to notify volunteers of their legal responsibilities to preserve student privacy.