This 2022 document from the U.S. Department of Education is a side-by-side comparison of the legal provisions and definitions in IDEA Part B, IDEA Part C and FERPA. It is intended to help differentiate these statutes and provide a comparisons for the shared definitions.
Category Archives: Privacy – Guidance
FERPA and the Coronavirus Disease 2019 (COVID-19)
The U.S. Department of Education has provided answers to questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19).
Joint Guidance on the Application of FERPA and HIPAA to Student Health Records
The U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance addressing the application of the Family Educational Rights and Privacy Act (FERPA) and the Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule to records maintained on students.
Confidentiality Toolkit
This resource tool from the U.S. Department of Health and Human Services’ Administration for Children and Families (ACF) supports state and local efforts by bringing greater clarity to the rules […]
A Little Privacy Please? Safeguarding the Privacy of Young Children with Disabilities under IDEA and FERPA
This webinar featured privacy and legal experts from the U.S. Department of Education discussing answers to frequently asked questions related to privacy and confidentiality for IDEA early childhood programs. This […]
Early Childhood Privacy and Confidentiality FAQs
OSERS’ Office of Special Education Programs (OSEP) released a guidance document in 2016. Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs Frequently Asked Questions provides responses to frequently […]
Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs FAQS
The U.S. Department of Education’s Office of Special Education Programs (OSEP) developed these Frequently Asked Questions (FAQs) to assist early childhood programs under the Individuals with Disabilities Education Act (IDEA) […]
Joint Letter and Guidance with OSERS FPCO on FERPA Amendments by the Uninterrupted Scholars Act
This 2014 letter provides guidance on the amendments to FERPA by the Uninterrupted Scholars Act that permit educational agencies and institutions to disclose education records of students in foster care […]
OSEP Policy Letter to Janice Breton on electronic correspondence
This 2014 letter from OSEP asserts that states may permit the use of electronic mail to distribute IEPs and related documents, such as progress reports, to parents, provided that the […]
OSEP Policy Letter to Maureen Greer/ITCA on parental consent and insurance billing for Part C services
This 2013 letter from OSEP to the IDEA Infant and Toddler Coordinators Association (ITCA) responds to thirteen questions asked on behalf of ITCA’s state members about parental consent requirements, parental […]