U.S. Department of Education Acts on School Safety Report Recommendation to Improve Understanding of Student Privacy Law

Washington, D.C. – The U.S. Department of Education today released a comprehensive set of frequently asked questions (FAQs) on schools’ and districts’ responsibilities under the Family Educational Rights and Privacy Act (FERPA) in the context of school safety.

The Federal Commission on School Safety (FCSS) released an in-depth report last December, which observed that “substantial misunderstanding remains at the local level among officials and educators concerning (FERPA), and in particular its application to school-based threats.”

This FAQ document, titled, School Resource Officers, School Law Enforcement Units and the Family Educational Rights and Privacy Act (FERPA), consolidates previously issued guidance and technical assistance into a single resource to help raise schools’ and districts’ awareness of these provisions.

"One key takeaway from the commission’s work was that the federal government needs to do a much better job of providing useable information that’s simple, streamlined and clear," said Secretary DeVos. "FERPA is an area where widespread confusion remains, and this clarification will give local school leaders and law enforcement the tools they need to protect student privacy while ensuring the health and safety of students and others in the school community."

The document consists of 37 commonly asked questions about schools’ and school districts’ responsibilities under FERPA relating to disclosures of student information to school resource officers (SROs), law enforcement units and others, and seeks to explain and clarify how FERPA protects student privacy while ensuring the health and safety of students and others in the school community.

The FAQ document includes answers to common FERPA questions involving school safety, such as:

  • Can law enforcement unit officials who are off-duty police officers or SROs be considered school officials under FERPA and, therefore, have access to students’ education records?
  • Does FERPA permit schools and districts to disclose education records, without consent, to outside law-enforcement officials who serve on a school’s threat assessment team?
  • When is it permissible for schools or districts to disclose student education records under FERPA’s health or safety emergency exception?
  • Does FERPA permit school officials to release information that they personally observed or of which they have personal knowledge?

The full FAQ document can be found here.

For additional information on the meetings, field visits, listening sessions, roundtables and other resources used to produce the FCSS report, please visit the school safety website.

 

Featured

  • 5 Tips for New Teachers and Their Administrators on Classroom Design

    Recently, several school visits early in the academic year highlighted how many first-year teachers struggle to set up their classrooms effectively. It's evident that more can be done to better support them from the start, particularly in the area of classroom design.

  • Texas School District Opens New Elementary School

    The Boerne Independent School District (Boerne ISD) near San Antonio, Texas, recently opened a new elementary school that serves almost 500 students, according to a news release. The district partnered with Pfluger Architects to build the 97,151-square-foot Viola Wilson Elementary School, which opened in August.

  • Call for Opinions: Spaces4Learning 2025 Predictions for Educational Facilities

    The K–12 and higher education facilities landscapes are always evolving. Schools are constantly adapting to technology advances, pedagogy changes, sustainability initiatives, and more.

  • OpenStax Celebrates 25th Anniversary of Providing Open Educational Resources

    OpenStax, which expands access of K–12 and higher-education resources and research-informed educational tools, is celebrating its 25th anniversary as 2024 comes to a close, according to a news release. The educational initiative from Rice University has served almost 37 million students in 153 countries and saved students nearly $3 billion in educational costs since its launch in 1999.

Digital Edition