The Department plans to propose to amend the Family Educational Rights and Privacy Act (FERPA) regulations, 34 CFR part 99, to update, clarify, and improve the current regulations by addressing outstanding policy issues, such as clarifying the definition of "education records," and clarifying provisions governing non-consensual disclosures of personally identifiable information from education records to third parties, including third-party vendors, and regarding disclosures to comply with a judicial order or subpoena. The proposed regulations are also needed to implement statutory amendments to FERPA contained in the Uninterrupted Scholars Act of 2013 and the Healthy, Hunger-Free Kids Act of 2010, to reflect a change in the name of the office designated to administer FERPA, and to make changes related to the enforcement responsibilities of the office concerning FERPA. In February 2022, the Department facilitated three student privacy virtual listening sessions with K-12 organizations, postsecondary organizations, and advocacy organizations.  What emerged from these listening sessions were concerns about educational agencies and institutions using online third-party applications in the classroom and the personal information being collected and shared by education technology providers without the consent or knowledge of parents, and the potential use of student information for advertising, marketing, and other non-educational purposes; and concerns about the lack of clarity regarding the definition of the term education records and the term’s applicability to digital records.  These proposed regulations include provisions that would address these concerns.