View Rule

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 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.

Statement of Need:

These regulations are needed to implement amendments to FERPA contained in the Healthy, Hunger-Free Kids Act of 2010 (Pub. L. 111296) and the Uninterrupted Scholars Act (USA) of 2013 (Pub. L. 112278); to provide needed clarity regarding the definitions of terms and other key provisions of FERPA; and to make necessary changes identified as a result of the Department’s experience administering FERPA and the current regulations. A number of the proposed changes reflect the Department’s existing guidance and interpretations of FERPA.

Summary of the Legal Basis:

These regulations are being issued under the authority provided in 20 U.S.C. 1221e-3, 20 U.S.C. 3474, and 20 U.S.C. 1232g. 

Alternatives:

These are discussed in the preamble to the proposed regulations. 

Anticipated Costs and Benefits:

These are discussed in the preamble to the proposed regulations. 

Risks:

These are discussed in the preamble to the proposed regulations.