Secretary Proposes to Amend FERPA Regulations

Utah Higher Education Assistance Authority has learned that the Secretary of Education proposes to amend regulations governing education records maintained by educational institutions and agencies under the Family Educational Rights and Privacy Act (FERPA) of 1974.  The proposed regulations are needed to implement amendments to FERPA contained in other federal legislation and to implement two Supreme Court decisions.  Through its experience in administering FERPA, the Department of Education has identified other necessary changes that are also proposed.

Among other things, these changes would clarify permissible disclosures to parents of eligible students and conditions that apply to disclosures in health and safety emergencies; clarify permissible disclosures of student identifiers as directory information; allow disclosures to outside parties involved in the outsourcing of institutional services and functions; revise the definitions of attendance, disclosure, education records, personally identifiable information, and other key terms; clarify permissible redisclosures by State and Federal officials; and update investigation and enforcement provisions.

The Notice of Proposed Rulemaking is published in the Federal Register, Volume 73, No. 57, dated Monday, March 24, 2008.  A PDF version is available at http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/pdf/E8-5790.pdf.

Comments are invited from anyone interested in these proposed changes, and must be received on or before May 8, 2008.

Any questions related to this Bulletin should be directed to UHEAA Policy and Training at 801.321.7166, or by e-mail to mjohnson@utahsbr.edu.

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