Using
Data To
Improve
Student Achievement
Student Achievement
In the 30 years since the Federal Educational Rights and Privacy Act (FERPA) was enacted, the technology and culture around data collection and use have changed and so has the state role in collecting and using data, resulting in some uncertainty around how FERPA relates to state agencies and state longitudinal data systems. Until now, virtually the only written guidance on FERPA has been provided through letters on specific cases issued by the U.S. Department of Education’s Family Policy Compliance Office, which administers FERPA.
Two opportunities have arisen to potentially clarify issues under FERPA as they relate to the use of statewide longitudinal data systems.
The U.S. Department of Education is in the final review stage before issuing proposed regulations for public comment that, among other things, may clarify how FERPA relates to state longitudinal data systems. This will provide an important opportunity for states and all education stakeholders to submit comments on how to implement the law in a manner that aligns student privacy protections with the modern data systems that are needed to facilitate educational reform. The Data Quality Campaign website will provide a link when proposed regulations are published, so that stakeholders can submit comments and share views with federal officials on what needs to be clarified for the effective use of state data systems.
Additionally, Members of Congress are proposing to add new grant programs for states in the reauthorization of the No Child Left Behind Act to help implement statewide longitudinal data systems, and, as part of that discussion, are recognizing the importance of updating FERPA to enable states to use data for school improvement purposes.
Conversations with key staff members in both chambers indicate an interest to align the provisions of the Family Educational Rights and Privacy Act (FERPA) with the new capacity of States to use longitudinal data systems for needed educational improvements, but the provisions that have been drafted, so far, do not tackle these issues.
A discussion draft of the No Child Left Behind Act reauthorization was posted by the Chairman and Ranking Republican of the House Education and Labor Committee in late August for public comment. That draft would make state data systems subject to FERPA, but would not address the current restrictive interpretations of FERPA by the Department of Education, which chill and frustrate effective functioning of state longitudinal data systems. FERPA language in draft legislation is likely to go through many modifications and versions before being considered by either House or Senate committees, but it points to an opportunity for individuals interested in FERPA issues to work with their national membership organizations or advocacy groups to follow these developments closely and make their views known to policy makers about clarifying or updating FERPA.
Former Commissioner of Education for Massachusetts, David P. Driscoll, shared his state’s perspective on the need for FERPA clarification in an August letter to Secretary Spellings and his congressional delegation. Other organizations, like the National Center for Educational Achievement, have submitted suggestions, at the request of congressional education committee staff, for consideration in this legislative discussion.
Here is some information to provide background on the FERPA issues being considered over the next few months by federal policy makers.