Family Educational Rights and Privacy Act (FERPA)

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 Protecting Student Privacy
The U.S. Department of Education is committed to protecting student privacy. We administer and enforce student privacy laws such as the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). In addition, we provide technical assistance to help schools and school districts safeguard information about students. 

  • Joint Guidance on the Application of FERPA and HIPAA to Student Health Records
    First issued in November 2008, this guidance 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 revision includes additional frequently asked questions and answers. 
  • 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 student's education records to outside parties when responding to emergencies, natural or man-made disasters.
  • 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.

NYSED Data Privacy and Security Webpage
Provides information on Laws (NYS 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.

CDC Health Information & Privacy: FERPA and HIPAA
Provides information and infographics on understanding these laws and knowing when they apply.

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Page Updated 7/8/24