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ED/OPEPD RIN: 1875-AA15 Publication ID: Fall 2024 
Title: Family Educational Rights and Privacy Act 
Abstract:

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.

 
Agency: Department of Education(ED)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 34 CFR 99   
Legal Authority: 20 U.S.C. 1232g    20 U.S.C. 1221e-3    20 U.S.C. 3474   
Legal Deadline:  None

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. 

Timetable:
Action Date FR Cite
NPRM  03/00/2025 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Local, State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: Yes 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Dale King
Department of Education
Office of Planning, Evaluation and Policy Development
400 Maryland Avenue SW, Room 6C100,
Washington, DC 20202
Phone:202 453-5943
Email: dale.king2@ed.gov