FERPA (Family Educational Rights and Privacy Act)
The Family Educational Rights & Privacy Act US Department of Education-FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education (USDOE). The U.S. Department of Education administers the Family Educational Rights and Privacy Act (FERPA) and provides technical assistance to help schools and school districts use best practices in their use and management of information about students.
U.S. Department of Education Resources
USDOE FERPA webpage provides FAQs, information for parents and students, K12 school officials, Protection of Pupil Rights Amendment (PPRA) and Guidance and Notices (USDOE 12/21/19).
USDOE Student Privacy 101 webpage provides official guidance on FERPA, technical best practices and the answers to Frequently Asked Questions. It includes specific for parents and students and K-12 school officials. Resources include videos, guidance, and best practices. (USDOE 12/21/19)
Joint Guidance on the Application of FERPA and HIPAA to Student Health Records-First issued in November 2008. this update clarifies for school administrators, health care professionals, families, and others how FERPA and HIPAA apply to education and health records maintained about students. The 2019 revised guidance includes additional frequently asked questions and answers addressing when a student’s health information can be shared without the written consent of the parent or eligible student under FERPA, or without written authorization under the HIPAA Privacy Rule (US Dept of Health and Human Services & US Department of Education 12/19/19)
- Letter from the USDOE to the Alabama Department of Education regarding the release of information for audits of health information by outside agencies (2/2004)
- Letter from USDOE on Disclosure of Student Information Related to Emergencies and Disasters- Answers questions that have arisen about the sharing of personally identifiable information from students’ education records to outside parties when responding to emergencies, natural or man-made disasters.. (6/2010)
- Uninterrupted Scholars Act permits LEAs and schools to disclose education records of students placed in foster care, without consent of the parent or eligible student, to an agency caseworker or other representative of a state or local child welfare agency (CWA) or tribal organization authorized to access a student’s case plan, when such agency or organization is legally responsible, in accordance with state or tribal law, for the care and protection of the student. 4/24/2013.
NYSED Data Privacy and Security Webpage
Provides information on Laws (Education Law 2-d, FERPA, PPRA) and Regulations as well as resources for educational institutions and parents on data security and privacy of student records, including the Parents Bill of Rights. The Parents’ Bill of Rights informs parents of the legal requirements regarding privacy, security, and the use of student data. (NYSED)
Page updated 12/21/19