Family Educational Rights and Privacy Act (FERPA)

State longitudinal data systems make it possible for these data to be collected and shared with parents, teachers, students, administrators, researchers and institutions across the education pipeline. While building and using statewide longitudinal data systems are important for policy, management and instructional decisions that focus on individual student success, these needs must be balanced with appropriate protections for the privacy of student records. In particular, the federal Family Educational Rights and Privacy Act (FERPA) imposes limits on the disclosure of student records by the educational agencies and institutions that receive funds from the U.S. Department of Education. (For more information on this law, see http://www.ed.gov/policy/gen/guid/fpco/index.html and the department’s National Center for Education Statistics Forum Guide for state education agency [SEA] staff at http://nces.ed.gov/forum/pub_2006805.asp.)

There is important information to convey to states now regarding how to build state data systems consistent with FERPA requirements. Maximizing the Power of Education Data While Ensuring Compliance with Federal Student Privacy Laws: A Guide for Policymakers (link to doc) identifies areas that already are resolved and proposes approaches to issues for which there may not be clear answers at the current time, but for which our legal experts believe there are viable strategies for states to pursue. For a more detailed legal analysis, read more about State Longitudinal Data Systems and Student Privacy Protections Under the Family Educational Rights and Privacy Act

The DQC looks forward to providing forums for these conversations within and across states to inform sound policy decisions that support using longitudinal data to improve student achievement while also protecting individual student privacy.

For the recently released proposed amendments to regulations under FERPA, click here

For more information and resources on clairfying FERPA as it relates to state longitudinal data systems, click here

For more information on state actions around student privacy protection and data systems, click here

For further resources on clarifying student privacy protections, click here