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).
Category Archives: Privacy – Guidance
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 governing confidentiality in ACF and certain related programs by providing examples of how confidentiality requirements can be addressed and met in a manner fully consistent […]
New brief on privacy concerns related to technology in EC programs
The Use of Technology to Support Early Childhood Practice: Protecting Child, Parent, and Practitioner Privacy, released in January 2017 by the Office of Planning, Research & Evaluation, addresses privacy & security considerations related to software, apps, and web-based tools that early childhood practitioners may access as part of their work with children & families. The […]
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 webinar directly supports OSEP’s recently-released document, Understanding the Confidentiality Requirement Applicable to IDEA Early Childhood Programs Frequently Asked Questions (FAQs). Presented by Susan Kauffman (OSEP), […]
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 asked questions to facilitate and enhance states’ implementation of IDEA privacy and confidentiality provisions and can be used in conjunction with the 2014 side-by-side guide […]
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) — Part B section 611, Part B section 619, and Part C — with addressing privacy and confidentiality questions. Sections include General IDEA and FERPA […]
FERPA General Guidance for Parents
This guidance provides parents with general information about the Family Educational Rights and Privacy Act (FERPA). The document is a compilation and update of various letters and guidance documents previously issued that respond to a variety of questions about FERPA. FERPA General Guidance for Parents FERPA General Guidance for Parents (PDF)
IDEA and FERPA Confidentiality Provisions
This 2014 document 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 comparisons for the shared definitions. Published by: U.S. Department of Education FERPA/IDEA Cross-Walk
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 to State and county social service agencies or child welfare agencies. The statute also amended the requirement that educational agencies and institutions notify parents before […]
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