SPECIAL EDUCATION & REHABILITATIVE SERVICES
OSEP Policy Documents Regarding the Education of Infants, Toddlers, Children and Youth with Disabilities

CONFIDENTIALITY

Disclaimer: Letters issued prior to December 3, 2004, may not be consistent with the IDEA, as revised by P.L. 108-446. Letters issued prior to August 14, 2006 may not be consistent with the final regulations for Part B published on that date at 71 Federal Register 46540. Readers are advised to consult with the current statute and final regulations.

Section 607 Reports as published in the Federal Register.

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Letter to Matthew J. Pepper
November 18, 2004
Topic: Confidentiality
Letter regarding the applicability of the Family Educational Rights and Privacy Act to the release of student level records to researchers and clarifying that education records, with the removal of all personally identifiable information, may be released without prior consent.
download files HTML (78K)

Letter to Honorable Peter Hoekstra
October 26, 2000
Topic: Confidentiality
Letter regarding privacy requirements that ensure the confidentiality of student information collected by the Department in connection with all surveys and information collections.
download files MS Word (39K) | PDF (150K)

Letter to Mr. Kenneth Apfel
July 20, 2000
Topic: Confidentiality
Letter regarding applicability of the Family Educational Rights and Privacy Act's (FERPA's) consent and IDEA, Part B's confidentiality provisions to disclosure of personally-identifiable information contained in education records in order to determine the eligibility of children with disabilities for benefits under the Supplemental Security Income program.
download files MS Word (17K) | PDF (131K)

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Last Modified: 05/04/2007