Legal References

Memorandum responding to several questions received by the Office of Migrant Education (OME) of the U.S. Department of Education (ED) regarding the applicability of the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, to the collection and transmission of migrant student data as part of the Migrant Student Information Exchange (MSIX).

Letter regarding the applicability of FERPA to disclosures made for educational program audit and evaluation purposes.

Letter regarding the treatment of complaints filed by parents both under FERPA with this office and with their SEA under IDEA.

Letter clarifying that a party qualifies as a contractor of an SEA under FERPA not because of a contract or agreement per se, but by virtue of a contract or agreement to perform services that the SEA would otherwise provide for itself and where the disclosure of PII would be lawful under FERPA if employees were performing the service.

Letter addressing questions from a constituent about the FERPA complaint process and explaining that the Office of Administrative Law Judges serves as the review board under the enforcement provisions of FERPA only after a determination has been made to withhold funds or take other enforcement actions against an educational agency or institution.

Letter to a school district providing assurance that Approved Supplemental Educational Providers are not prohibited by FERPA from contacting parents and guardians of students served in SES programs in previous years. It notes that FERPA does not permit a provider to disclose students' Personally Identifiable Information third parties, without the written consent of the student's parent.

Letter in response for guidance request on the applicability of FERPA to the Commonwealth of Virginia's recently enacted sex offender reporting statute and FERPA's directory information provision.

Letter to a school district providing assurance that Approved Supplemental Educational Providers are not prohibited by FERPA from contacting parents and guardians of students served in SES programs in previous years.

Letter regarding the applicability of FERPA to State law that require school districts to report students who have been expelled or withdrawn from school to the Secretary of State for the purposes of obtaining a driver's license.

Letter regarding the applicability of FERPA to student education records in schools that were closed before FERPA's enactment.