Return to List of Exhibits and Figures
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 |