The use of quality early intervention and education data enables policymakers, administrators, educators, service providers and parents to design and implement effective practices to improve child and family outcomes. While the benefits of data use are clear, there are growing concerns about the scope and type of child data collected, as well as the protection and sharing of those data. This page provides resources, including federal guidance, on practices and policy regarding the privacy and confidentiality of early childhood data.
Resources from the U.S. Departments of Education and Health & Human Services
Relevant Federal Privacy & Confidentiality Regulations
FERPA Regulations
IDEA Part B Regulations
IDEA Part C Regulations
Guidance, Memos, & Policy Letters
IDEA and FERPA CrosswalkThis 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 ...Read more- 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 ...Read more
- Joint Guidance on the Application of FERPA and HIPAA to Student Health RecordsThe 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 ...Read more
Confidentiality ToolkitThis 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 ...Read more
A Little Privacy Please? Safeguarding the Privacy of Young Children with Disabilities under IDEA and FERPAThis 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 ...Read more- Early Childhood Privacy and Confidentiality FAQsOSERS’ 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 ...Read more
- Understanding the Confidentiality Requirements Applicable to IDEA Early Childhood Programs FAQSThe 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) ...Read more
Joint Letter and Guidance with OSERS FPCO on FERPA Amendments by the Uninterrupted Scholars ActThis 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 ...Read more- OSEP Policy Letter to Janice Breton on electronic correspondenceThis 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 ...Read more
- OSEP Policy Letter to Maureen Greer/ITCA on parental consent and insurance billing for Part C servicesThis 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 ...Read more
Resources from ED-Funded Technical Assistance Centers
General
Early Childhood Data Privacy resourcesThe U.S. Department of Education’s Privacy Technical Assistance Center (PTAC) has developed a collection of early childhood data privacy resources. View Early Childhood Data Privacy Resource ListRead more
Privacy Collaboration! The Latest Resources from DaSy, PTAC, and IDCPresenters: Baron Rodriguez, Jeff Sellers, & Jennifer Tschantz This 2014 presentation shares how DaSy, IDC, and PTAC are collaborating to address state questions around data sharing, privacy, and security ...Read more
Current State Analysis on FERPA and HIPAA Challenges to Accessing Early Intervention and Early Childhood Special Education DataConference: Conference on Research Innovations in Early Intervention (CRIEI) Date: February 2014 Presenters: Baron Rodriguez, Donna Spiker & Missy Cochenour This poster presents multiple case studies from across the country ...Read more- FERPA 101This 2011 webinar provides a basic overview of the Family Education Rights and Privacy Act (FERPA). The webinar is intended to inform education officials, teachers and staff at state and ...Read more
Data Sharing
- IDEA and FERPA CrosswalkThis 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 ...Read more
Developing Data Sharing ArrangementsConference: Early Hearing Detection and Intervention Conference Date: March 2020 Presenter: Haidee Bernstein An overview of developing data sharing agreements, including challenges and strategies from selected states, presented at the 2020 Early Hearing ...Read more
Lessons Learned from Developing Data Sharing AgreementsThis 2015 webinar shares common challenges and pitfalls in developing data sharing agreements, as well as effective strategies and best practices for developing these agreements. Presented by Baron Rodriguez, Sharon Walsh, ...Read more- What do IDEA and FERPA tell us about Data Sharing?This 2014 webinar is a reprisal of a popular session from our 2014 Improving Data, Improving Outcomes conference. Presenters from the U.S. Department of Education share information on current issues ...Read more
- Data Sharing Agreement Checklist for IDEA Part C and Part B 619 Agencies and ProgramsThis 2014 document is an adaptation of the 2012 release of “Data Sharing Agreement Checklist” intended for K-12 audiences. Presented as a checklist, the document summarizes the requirements for the ...Read more
Conquering the Trials and Tribulations of Data Sharing and LinkingPresenters: Robin Nelson, Baron Rodriguez, Linda Goodman, & Sherry Franklin This 2014 presentation provides information on requirements and best practices for data sharing agreements. Panelists from two states discuss key ...Read more
2014 Early Childhood Privacy and Confidentiality WorkshopConference: Early Childhood Privacy and Confidentiality Workshop Date: April 2014 Presenters: Baron Rodriguez, Michael Hawes, Frank Miller, Sharon Walsh, Ann Agnew, & Missy Cochenour This workshop focused on the implications ...Read more
Confidentiality Issues: Addressing Questions about Sharing Data among OrganizationsThis 2014 document summarizes a webinar on common questions and considerations related to sharing data about children (for example, when inputting of developmental screening results and other sensitive child-level data ...Read more
Privacy and Security in Early Childhood Data UseConference: Early Childhood Data Privacy Meeting Date: August 2013 Presenters: Robin Nelson, Missy Cochenhour, & Baron Rodriguez This presentation discusses key privacy issues in using data in early childhood, how ...Read more- Written Agreement ChecklistThis 2015 revision of a 2012 document summarizes the requirements for the written agreements under the studies exception and the audit or evaluation exception as specified in the Family Educational ...Read more
Data Security & Access
- Student Privacy 101: FERPA for Parents and StudentsThis 2013 short video highlights the key points of the Family Educational Rights and Privacy Act (FERPA) for parents and students. Student Privacy 101 (Video)Read more
IDEA and FERPA Privacy Provisions: Understanding the BasicsConference: Division for Early Childhood Date: October 2015 Presenters: Ross Lemke & Sharon Walsh This 2015 DEC conference presentation informs viewers of the privacy provisions under IDEA Part C, IDEA ...Read more
Data De-identification: An Overview of Basic TermsThis 2014 document is intended to assist early intervention service programs and providers and preschool special education programs and agencies in maintaining compliance with privacy and confidentiality requirements under IDEA ...Read more
Frequently Asked Questions: IDEA Early Childhood – Disclosure AvoidanceThis 2014 document is an adaptation of the 2012 release of Frequently Asked Questions – Disclosure Avoidance intended for K-12 audiences. Presented here in the form of responses to frequently ...Read more
Data Security and Management Training: Best Practice ConsiderationsThis 2011 brief (updated in 2015) provides best practices for data security and data management trainings for educational leaders. The brief discusses key training concepts to follow, content, delivery methods, ...Read more- Identity Authentication Best PracticesThis 2012 brief offers best practice recommendations for developing and implementing effective authentication processes to help ensure that only appropriate individuals and entities have access to education records. General suggestions ...Read more
- Cloud ComputingThis 2015 update of a 2012 document is designed to assist educational agencies and institutions that are considering using cloud computing solutions for education data. It contains responses to frequently ...Read more
- Data Security Threats: Education Systems in the CrosshairsThis 2012 presentation reviews security threats to education data systems, including common ways in which these systems can be exploited. It also offers suggestions on assessing system vulnerabilities and mitigating ...Read more
- Data Security: Top Threats to Data ProtectionThis 2011 brief outlines critical threats to educational data and information systems. Threats are divided into two categories: technical and non-technical. A brief description of each threat is followed by ...Read more
- Data Security ChecklistThis 2011 document assists stakeholder organizations, such as state and local educational agencies, with developing and maintaining a successful data security program. Published by: Privacy Technical Assistance Center (PTAC) Data Security ChecklistRead more
Data Governance
- Data Governance ChecklistThis 2011 checklist is designed to assist stakeholder organizations with establishing and maintaining a successful data governance program by summarizing the key data privacy and security components of such a ...Read more
Avoid the Pitfalls: Benefits of Formal Part C Data System GovernanceThis 2016 brief promotes formal data governance for Part C data by describing lessons learned from other industries; outlining the risks of informal data governance and benefits of formal data ...Read more
Data Governance Demystified: Concepts to RealityPresenters: Bruce Bull, Sharon Walsh, Denise Mauzy, Christy Cronheim, Rick Harris, & Maria Synodi This 2014 presentation focuses on the role of Data Governance in protecting data and facilitating improved ...Read more- Data Governance and StewardshipThis 2011 brief provides guidance on how to successfully manage complex data systems by establishing a comprehensive data governance approach. Data governance principles discussed in this paper apply to a ...Read more
For more resources on data privacy and confidentiality please visit the Privacy Technical Assistance Center (PTAC). Funded by the U.S. Department of Education, PTAC provides resources for education stakeholders to learn about data privacy, confidentiality, and security practices related to student-level longitudinal data systems. PTAC partners with DaSy on privacy issues related to IDEA Part C and Part B 619.
Published March 2015.