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 Crosswalk
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 ...Read moreFERPA 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 moreJoint 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 ...Read moreConfidentiality 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 ...Read moreA 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 ...Read moreEarly 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 ...Read moreUnderstanding 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) ...Read moreJoint 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 ...Read moreOSEP 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 ...Read moreOSEP 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 ...Read more
Resources from ED-Funded Technical Assistance Centers
General
Early Childhood Data Privacy resources
The 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 morePrivacy Collaboration! The Latest Resources from DaSy, PTAC, and IDC
Presenters: 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 moreCurrent State Analysis on FERPA and HIPAA Challenges to Accessing Early Intervention and Early Childhood Special Education Data
Conference: 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 moreFERPA 101
This 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 Crosswalk
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 ...Read moreDeveloping Data Sharing Arrangements
Conference: 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 moreLessons Learned from Developing Data Sharing Agreements
This 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 moreWhat 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 moreData Sharing Agreement Checklist for IDEA Part C and Part B 619 Agencies and Programs
This 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 moreConquering the Trials and Tribulations of Data Sharing and Linking
Presenters: 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 more2014 Early Childhood Privacy and Confidentiality Workshop
Conference: 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 moreConfidentiality Issues: Addressing Questions about Sharing Data among Organizations
This 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 morePrivacy and Security in Early Childhood Data Use
Conference: 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 moreWritten Agreement Checklist
This 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 Students
This 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 moreIDEA and FERPA Privacy Provisions: Understanding the Basics
Conference: 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 moreData De-identification: An Overview of Basic Terms
This 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 moreFrequently Asked Questions: IDEA Early Childhood – Disclosure Avoidance
This 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 moreData Security and Management Training: Best Practice Considerations
This 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 moreIdentity Authentication Best Practices
This 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 moreCloud Computing
This 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 moreData Security Threats: Education Systems in the Crosshairs
This 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 moreData Security: Top Threats to Data Protection
This 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 moreData Security Checklist
This 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 Checklist
This 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 moreAvoid the Pitfalls: Benefits of Formal Part C Data System Governance
This 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 moreData Governance Demystified: Concepts to Reality
Presenters: 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 moreData Governance and Stewardship
This 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.