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

  • Year-Round Schools Require Year-Round Indoor Air Quality Planning

    While many schools are out for the summer, year-round schools follow a more “balanced” schedule with shorter, more frequent breaks spaced throughout the school year. Even though this offers educational benefits, these facilities have less downtime for building maintenance. This can become an issue when facilities managers overlook the importance of routine HVAC maintenance and air duct cleaning services.

  • Johns Hopkins Starts Construction on New Residence Hall, Dining Facility

    The Homewood Campus of Johns Hopkins University in Baltimore, Md., recently began construction on a new residence hall and dining facility, according to university news. The work involves demolishing the existing Alumni Memorial Residence Hall I, which was built in 1923, to make room for the new facility.

  • St. John Fisher University

    Classroom Revitalization – Basil Hall Room 216

    Established in 1999, the Education Design Showcase is a vehicle for showing off innovative — yet practical — solutions in planning, design, architecture, and construction. St. John Fisher University's Basil Hall Room 216 Classroom Revitalization has been recognized with an EDS 2026 Project of Distinction award in the category of Spaces.

  • Myrtle Grove Elementary

    Phased Construction Keeps Students on Campus During Rebuild

    When Escambia County School District needed to replace most of Myrtle Grove Elementary School in Pensacola, Fla., it had three distinct challenges: honor the school's legacy in the community, bring state-of-the-art learning environments to the county, and be seamlessly built on the same site as the active school campus.