FERPA
Many states and other organizations that support the Data Quality Campaign have reported that the federal Family Educational Rights and Privacy Act (FERPA) has been interpreted and applied in a manner that has had a significant chilling effect on the willingness of states to develop robust state longitudinal data systems as a necessary foundation for standards-based reform. In particular, 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. 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 more information on this law, see http://www.ed.gov/policy/gen/guid/fpco/index.html.
Recommended Resources
DQC suggests these resources as foundational to understanding this topic.
Maximizing the Power of Education Data While Ensuring Compliance with Federal Student Privacy Laws: A Guide for Policymakers
This issue analysis may serve as a guide to assist states as they build and use state longitudinal data systems in ways that comply with FERPA and fully protect the privacy rights of students and their parents.
This issue analysis may serve as a guide to assist states as they build and use state longitudinal data systems in ways that comply with FERPA and fully protect the privacy rights of students and their parents.
Needed Changes in FERPA Not Addressed in Final Regulations
This analysis addresses changes that are still needed to accommodate the functions of state longitudinal data systems and how best to make the changes. As of May 2010, the DQC is working collaboratively to update this document.
This analysis addresses changes that are still needed to accommodate the functions of state longitudinal data systems and how best to make the changes. As of May 2010, the DQC is working collaboratively to update this document.
| Resource | Organization | Topic | Type | Date |
|---|---|---|---|---|
| Data Privacy Principles for Spurring Innovation | The Information Technology & Innovation Foundation | FERPA,Access & Use of Data | Policy Brief | 06/2010 |
| FERPA and Education Data Availability | New America Foundation | FERPA | Article | 05/2010 |
| Ferpa Frustrations: It's Time for Reform | Chronicle of Higher Education | FERPA | Article | 05/2010 |
| Longitudinal Data Initiatives and Privacy | Center for Democracy and Technology | FERPA | Presentation | 05/2010 |
| DQC Privacy Advisory Group Webinar with Ari Schwartz from the Center for Democracy and Technology |  | FERPA | Webinar | 05/2010 |
| Further Clarification Requested by States Around the Application of FERPA | | FERPA | Policy Brief | 05/2010 |
| A Look at Pennsylvania’s Early Childhood Data System | National Conference of State Legislatures | Early Childhood Data Systems,Postsecondary Data Systems,FERPA,Data Governance,Workforce Data Systems | Policy Brief | 04/2010 |
| Guide to Protecting the Confidentiality of Personally Identifiable Information (PII) | U.S. Department of Commerce | FERPA | Research Report | 04/2010 |
| Federal Register: Family Educational Rights and Privacy | U.S. Department Of Education | FERPA | Legislation | 04/2010 |
| Linking Data Across Agencies: States That Are Making It Work | | Accountability & Continuous Improvement,Early Childhood Data Systems,Postsecondary Data Systems,Social Services Data Systems,P-20 Alignment,FERPA,Access & Use of Data,Governance Plans,MOUs/Agreement,Interoperability,Common Data Standards,Workforce Data Systems | Policy Brief | 03/2010 |
| Connecting Policy and Data: What Are Your State’s Critical Policy Questions? | | FERPA,Common Data Standards | Policy Brief | 03/2010 |
| Letter from the Office of the Attorney General | Maryland Department of Education | FERPA | Tool | 03/2010 |
| A Call for Agility: The Next-Generation Privacy Professional | International Association of Privacy Professionals | FERPA | Research Report | 03/2010 |
| Sharing Health Care Information for Children in Foster Care | Judicial Council of California | Social Services Data Systems,P-20 Alignment,FERPA | Research Report | 02/2010 |
| Sharing Education Information for Children in Foster Care | Judicial Council of California | Social Services Data Systems,P-20 Alignment,FERPA | Research Report | 02/2010 |
| Sharing Mental Health Care Information for Children in Foster Care | Judicial Council of California | Social Services Data Systems,P-20 Alignment,FERPA | Research Report | 02/2010 |
| Sharing Substance Abuse Treatment Information for Children in Foster Care | Judicial Council of California | Social Services Data Systems,P-20 Alignment,FERPA | Research Report | 02/2010 |
| Inaugural Overview of States’ Actions To Leverage Data To Improve Student Success | | Accountability & Continuous Improvement,P-20 Data Systems,FERPA,Access & Use of Data,Data Governance,Connecting Student & Teacher Data,American Recovery and Reinvestment Act (ARRA) | Research Report | 01/2010 |
| States Embrace Student-Data Tracking, With Prodding From White House | Chronicle of Higher Education | FERPA | Article | 01/2010 |
| Linking Data Across Agencies: States That Are Making It Work--PowerPoint | | Accountability & Continuous Improvement,Early Childhood Data Systems,Postsecondary Data Systems,Social Services Data Systems,P-20 Alignment,FERPA,Access & Use of Data,Governance Plans,MOUs/Agreement,Interoperability,Common Data Standards,Workforce Data Systems | MOU | 11/2009 |
| DQC Response to Fordham Center on Law and Information Policy’s Report | | FERPA | Article | 11/2009 |
| Building and Strengthening State Data Systems to Measure Community College and Workforce Outcomes | Working Poor Families Project | Postsecondary Data Systems,FERPA,American Recovery and Reinvestment Act (ARRA),Workforce Data Systems | Policy Brief | 10/2009 |
| DQC Comments on the Race to the Top Fund | | Early Warning Indicator Systems,Early Childhood Data Systems,Postsecondary Data Systems,Social Services Data Systems,P-20 Alignment,FERPA,Professional Development,Reporting and Analysis,Connecting Student & Teacher Data,American Recovery and Reinvestment Act (ARRA) | Tool | 08/2009 |
| Bill SB 1828 | Illinois Legislature | P-20 Alignment,FERPA,Data Warehouses | Legislation | 07/2009 |
| Bill LD 1356 | Maine Legislature | P-20 Data Systems,Social Services Data Systems,FERPA,Data Governance,Security | Legislation | 06/2009 |