U.S. Department of Education Issues Proposed Changes to FERPA
On March 24, 2008, the U.S. Department of Education (DOE) issued proposed changes to the Family Educational Rights and Privacy Act (FERPA).
According to the DOE, the proposed changes would clarify permissible disclosures to parents of eligible students and conditions that apply to disclosures in health and safety emergencies; clarify permissible disclosures of student identifiers as directory information; allow disclosures to contractors and other outside parties in connection with the outsourcing of institutional services and functions; revise the definitions of attendance, disclosure, education records, personally identifiable information, and other key terms; clarify permissible redisclosures by state and federal officials; and update investigation and enforcement provisions.
The DOE states that these changes are needed:
- to implement amendments to FERPA contained in the USA Patriot Act and the Campus Sex Crimes Prevention Act;
- to implement two U.S. Supreme Court decisions interpreting FERPA; and
- to respond to changes in information technology and address other issues identified through the Department's experience administering FERPA, including the need to clarify how postsecondary institutions may share information with parents and other parties in light of the tragic events at Virginia Tech in April 2007.
The complete proposal is available in PDF form or at www.ed.gov/legislation/FedRegister/proprule/2008-1/032408.html.
The DOE is accepting comments on the proposed changes through May 8. Details on how to submit comments are available in the proposal.
