Laws & Guidance GENERAL
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November 2016

Dear Colleague Letter Regarding Military Recruiter Provisions

As part of the ESSA, Congress amended the “Armed Forces Recruiter Access to Students and Student Recruiting Information” provisions of the ESEA and directed the Department of Education (Department), in consultation with the Department of Defense (DoD), to notify school leaders, school administrators, and other educators about these requirements. The purpose of this Dear Colleague Letter is to provide you with that notice.

August 2016

Workforce Innovation and Opportunity Act (WIOA)

In July 2014, Congress enacted the Workforce Innovation and Opportunity Act (WIOA) to provide greater training and work search opportunities to unemployed Americans, especially those who exhaust unemployment benefits and continue to be unemployed or underemployed. To achieve that end, Congress required that, in measuring the progress of the state on state and local performance accountability measures that apply across core programs, states use quarterly wage records consistent with state law. WIOA also requires that states, to the extent practicable, cooperate in conducting evaluations (including related research projects), which includes providing data. In addition, under WIOA eligible training providers are required to report employment outcomes, and will benefit from states enabling cross-matching with wage records and education and training provider records. According, the Departments of Labor and Education are issuing this joint guidance on data matching to facilitate performance reporting and evaluation.

  • Joint guidance on data matching to facilitate WIOA performance reporting and evaluation, August 2016 PDF (768 KB)

December 2014

  • Guidance on Sharing Information with Community-Based Organizations.
    This document provides guidance to schools and local educational agencies (LEAs) regarding disclosure of personally identifiable information (PII) from education records to community-based organizations. PDF (169 KB)
May 2014
  • Uninterrupted Scholar’s Act of 2013
    In January 2013, Congress passed the “Uninterrupted Scholars Act (USA)” which amended the Family Educational Rights and Privacy Act (FERPA) to permit educational agencies and institutions to disclose education records of students in foster care to State and county social service agencies or child welfare agencies. The statute also amended the requirement that educational agencies and institutions notify parents before complying with judicial orders and subpoenas in certain situations.
    • Guidance on the Amendments to the Family Educational Rights and Privacy Act by the Uninterrupted Scholars Act, May 2014 PDF (136KB)
    • Webinar: Recording Slides Transcript
    • Statutory amendment PDF | HTML

  • IDEA and FERPA Confidentiality Provisions PDF (470KB)

October 2012

  • FERPA Webinar for Elementary & Secondary School Officials
    • Webinar Slides PDF (2 MB)
    • Webinar Transcript PDF (247 KB)

March 2012

February 2012

January 2012

December 2011

  • FERPA 101 Webinar
  • Family Educational Rights and Privacy Act (FERPA) Final Regulations, 34 CFR Part 99 PDF (500K) | HTML
  • Guidance for Reasonable Methods and Written Agreements.
    This guidance provides schools, LEAs, postsecondary institutions, and State educational authorities with information about requirements and best practices for data disclosures under the exceptions to FERPA's general consent requirement permitting disclosures to organizations conducting studies and disclosures to certain authorities for audits and evaluations of education programs. PDF (64K)

June 2011

  • Addressing Emergencies on Campus PDF (156K)

June 2010
Family Educational Rights and Privacy Act (FERPA) and Disclosures
Related to Emergencies and Disasters MS Word | PDF

October 2009
Family Educational Rights and Privacy Act (FERPA) and H1N1 Guidance

This guidance answers questions that school officials may have concerning the disclosure of personally identifiable information from students' education records to outside entities when addressing an H1N1 flu outbreak. Understanding how, what, and when information can be shared is a critical part of preparedness. MS Word | PDF

December 9, 2008

Text of Final FERPA Regulations PDF (296K)

November 2008
FERPA-HIPAA Joint Guidance

This guidance addresses the interplay between FERPA and the HIPAA Privacy Rule at elementary and secondary levels, as well as at the postsecondary level and addresses many of the questions raised by school officials, health care professionals, and others regarding the applicability of these two laws to records maintained on students. PDF

April 21, 2004
FERPA Final Regulations Relating to Electronic Consent and Signature, 34 CFR Part 99

September 25, 2003
Dear Colleague Letter re: conditions under which institutions may disclose personally identifiable information from education records to Federal Student Aid (SFA) without consent. MS Word | PDF

July 2, 2003
Joint Letter from Deputy Secretary Hansen and Under Secretary Chu (DoD) re: Military Recruiters MS Word | PDF

October 09, 2002
Guidance on Access for and Disclosures to Military Recruiters

April 12, 2002
Guidance on FERPA and Anti-Terrorism Activities MS Word | PDF

July 6, 2000
Family Educational Rights and Privacy; Final Rule, 34 CFR Part 99 PDF (251K)



   
Last Modified: 11/28/2016