U.S. Education Department Announces New Measures to Safeguard Student Privacy

The U.S. Department of Education recently announced new regulations to safeguard student privacy while giving states the flexibility to share school data that can be helpful in judging the effectiveness of government investments in education.

The new regulations are designed to strengthen the Family Educational Rights and Privacy Act (FERPA) by protecting the safety of student information, increasing the Department’s ability to hold those who misuse or abuse student data accountable, and ensuring taxpayer funds are invested wisely and effectively.

In the past, uncertainty about where state sunshine laws left off and where FERPA picked up created confusion for institutions about when and with whom student information could and should be shared. Schools need the flexibility to pursue routine uses of information without getting prior consent while allowing them to prevent those who may misuse or abuse student information from accessing it. The new regulations are designed to allow schools to do just that.

The new regulations are also designed to help the Department of Education more effectively hold those who misuse or abuse student information accountable for violating FERPA. When FERPA was first conceived in the 1970s, it only applied to institutions with students in attendance (e.g., high schools and colleges). Since then, a growing number of institutions and entities without students in attendance (e.g., student lenders) have access to student records that should be protected by FERPA, but aren’t. The new regulations are designed to address this gap.

The new changes are also designed to help policymakers determine if state and federally funded education programs are adequately preparing children for success in the next stage of life, whether that is in kindergarten or the workforce. States will be able to determine which early childhood programs prepare kids for kindergarten. High school administrators will be able to tell how their graduates did in college. And states will be able to enter into research agreements on behalf of their districts to determine how best to use limited education funding during tough economic times.

To access a copy of the new regulations, please visit:

Federal Register: Family Educational Rights and Privacy - A Rule by the Education Department on 12/02/2011

Background information:

U.S. Department of Education: Family Educational Rights and Privacy Act (FERPA)