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

  • Children walking along bright school corridor with motion blur

    How Next-Gen Design Is Reshaping the Student Experience

    The environments where students learn play a crucial role in shaping their growth in and out of the classroom. By centering design on well-being, flexibility, and purpose, districts can ensure their facilities remain vibrant community assets for many years to come.

  • Campus Safety Requires Using Every Resource Available

    Across the U.S., school and campus leaders are facing a security landscape that has changed dramatically over the past decade. Incidents on school property have increased in recent years, with several consecutive years setting record totals. According to analysis of data by CNN, dozens of shootings now occur on school grounds annually across K-12 and higher education environments.

  • Spaces4Learning Launches 2026 Education Design Showcase Awards

    Spaces4Learning has opened submissions for the 2026 Education Design Showcase! The awards program launched in 1999 with the goal of celebrating innovative, practical solutions in the planning, design, and construction of K–12 and higher-education facilities. EDS recognizes new developments that help achieve optimal learning environments, as well as the architecture firms that brought the ideas to life.

  • Moline-Coal Valley School District to Consolidate Two Schools into New Facility

    The Moline-Coal Valley School District in Moline, Ill., recently broke ground on a new elementary school that will consolidate the students and staff from two existing schools, according to local news. Robert Ontiveros Elementary School will serve as the new home for Lincoln-Irving Elementary School and Willard Elementary School.