Family Educational Rights and Privacy Act
The Department of Education (ED) has issued a notice of proposed rulemaking regarding the Family Educational Rights and Privacy Act (FERPA). According to ED, the proposed regulations would “give states the flexibility to share data to ensure that taxpayer funds are invested wisely in effective programs.” The proposed changes primarily concern regulations that allow particular federal, state, and local officials or agencies to have access to education records to audit or evaluate federal or state supported programs. The proposed regulations would allow such officials or agencies permitted to receive personally identifiable information (PII) for audits to designate other agencies to receive the PII. The proposed regulations also would allow officials or agencies permitted to receive PII for audits to enter into agreements with organizations conducting studies to use the PII. The proposed regulations also clarify that a student ID number on a badge or card can be directory data as long as it alone cannot be used to gain access to PII. However, opting out of directory data does not mean a student can refuse to disclose ID cards or wear ID badges. Finally, the proposed rules allow school districts to limit the disclosure of directory data to specific parties, for specific purposes, or both, after providing public notice. A summary of the proposed changes is contained in Safeguarding Student Privacy, which is summarized below.