Skip to main content
Add as a preferred source on Google

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

  • 02/12/19

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

  • Photo courtesy of Kraus-Anderson

    Concordia College Completes Memorial Auditorium Renovations

    Concordia College in Moorhead, Minn., recently completed a $2.5-million renovation project to Memorial Auditorium, a news release reports. The college partnered with Kraus-Anderson for the project’s construction and ICON Architectural Group for its design.

  • Virginia Tech Tops Out New College of Engineering Building

    Virginia Tech in Blacksburg, Va., recently celebrated the topping out of Mitchell Hall, which will soon stand as the largest College of Engineering building on campus, according to a news release. The university partnered with Skanska on the 285,500-square-foot facility, which has an expected completion date of winter 2028.

  • Montclair State University Starts Construction on $120M STEM Building

    Montclair State University in Montclair, N.J., recently broke ground on a new $120-million Interdisciplinary Science Building, according to university news. The university partnered with HoK Architects for the project’s design, and it’s scheduled to open in time for the 2028–29 academic year.

  • Back-to-School Playground Safety: 7 Common Hazards to Look for After Summer Break

    As summer break comes to an end, school administrators have plenty to prepare before students return. While classrooms, hallways and common areas often receive attention during all the back-to-school preparations, the playground should not be overlooked. Months of weather exposure, storms, and regular wear can leave behind hazards that may not be immediately noticeable.