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Forum Guide to Protecting the Privacy of Student Information: State and Local Education Agencies

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Figure 2-1: A Brief Review of Federal Laws Protecting the Privacy of Education Records

Federal Law Federal Agency Right Afforded to Contents of Education Records Notification Requirement Prior Consent Requirement of Recording Release
Family Educational Rights and Privacy Act (FERPA) Family Policy Compliance Office Parents and eligible students All education records as defined in the law Local education agency to notify annually Required with exceptions Recordation requirements
Protection of Pupil Rights Amendment (PPRA) Family Policy Compliance Office Parents Surveys containing certain questions and data elements as defined in the law Local education agency to notify and obtain consent prior to the survey Required for specific questions and data elements; provide options to opt out of survey  
No Child Left Behind Act Family Policy Compliance Office (to administer aspects related to records privacy) Parents and eligible students Strengthen FERPA Used to notify state and local education agencies annually of FERPA and PPRA requirements Required under FERPA and PPRA  
Individuals with Disabilities Education Act (IDEA) Office of Special Education Programs Parents and students who have reached the age of majority under state law All education records as defined in FERPA Local education agencies to notify annually Required with exception  
National School Lunch Act U.S. Department of Agriculture/Food and Nutrition Service Custodial parents Name and eligibility status of students who are eligible for free meals or free milk or reduced price meals Required for some disclosure Required for some disclosure  
Patriot Act   U.S. Attorney General or designee Any education records, in order to comply with a “lawfully issued subpoena or court order”   Student or parental consensus not required Court or ex parte orders may require the institution not to disclose to anyone the existence and contents of the orders or the institution’s response
Children’s Online Privacy Protection Act   Parents of children ages 13 and younger Not education records; web sites need to obtain consent from parents prior to collecting, using, and disclosing information about the children Privacy notice on web sites Parental consent Report disclosure to third party required
Health Insurance Portability and Accountability Act Office for Civil Rights of U.S. Department of Health and Human Services Patients Privacy Rule does not apply to records protected by FERPA and IDEA Health care providers must provide Notice of Privacy Practices By patient  

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National Center for Education Statistics - http://nces.ed.gov
U.S. Department of Education