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

  • California K–12 District Opens New Athletic Complex, Gym

    The San Mateo Union High School District (SMUHSD) in San Mateo, Calif., recently announced the completion of two new athletics facilities: a new gymnasium at Burlingame High School, and a new athletic training complex at San Mateo High School, according to a news release.

  • UCNJ Launches $30M Modernization of Physical Education Center

    The Union College of Union County (UCNJ) in Cranford, N.J., recently broke ground on a new $30-million modernization project for its Physical Education Center (PECK), according to a news release. The college partnered with DIGroup Architecture for the project’s design, transitioning the existing 42,000-square-foot structure into a campus hub for student athletics and campus life.

  • Los Angeles City College Breaks Ground on New Administration, Workforce Building

    Los Angeles City College (LACC) in Los Angeles, Calif., recently broke ground on a new $72-million administrative facility, according to a news release. The Cesar Chavez Administration and Workforce Building will stand four stories, cover 67,230 square feet, and play home to a wide variety of the school’s educational and administrative services.

  • Malibu High School Campus Completes $102M Phase 1 of Construction

    Malibu High School in Malibu, Calif., recently announced that it has completed phase 1 of construction for its new campus, a news release reports. The first phase consisted of developing and modernizing the site of a former elementary school into a new, 70,000-square-foot, two-story facility.

Digital Edition