Student and Data Privacy (FERPA, PPRA and NYS Education Law 2-d)

 

New York State Education Department Resources

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)  

Clarification of Student Pregnancy and Confidentiality
NYSED Student Support Services May 5, 2009 

United States Department of Education Resources

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 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 (US Dept of Health and Human Services & US Department of Education 12/2019).

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 (05/2014) 
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. 

Protection of Pupil Rights Amendment (PPRA)
This federal law affords certain rights to parents of minor students with regard to surveys that ask questions of a personal nature (USDOE). 

Other Resources

NASN (National Association of School Nurses) HIPAA-FERPA Resource Page
Provides links to NASN Journal resources, webinars, radio broadcasts, and position statement. 

Page Updated 12/28/21