Department of Education Releases FERPA Regulations

On Friday, December 2, 2011, the Department of Education released final regulations amending the Family Educational Rights and Privacy Act (FERPA) regulations.  According to the Department, the changes to the FERPA regulations will have the important effect of improving access to data.  “Improved access to data will facilitate States’ ability to evaluate education programs, ensure limited resources are invested effectively, build upon what works and discard what does not, increase accountability and transparency, and contribute to a culture of innovation and continuous improvement in education.”

The final regulations can be viewed at: http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf

The Department has also provided multiple guidance documents, which are available at: http://www2.ed.gov/policy/gen/guid/fpco/index.html

The new regulations go into effect on January 3, 2012.

If you have any questions regarding an employment scenario, please do not hesitate to call a member of Underwood’s School Law Section.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author’s law firm or its individual partners.