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Family Educational Rights and Privacy

Federal Register, March 24, 2008, Page 15573-15602


Office of Planning, Evaluation, and Policy Development, Department of Education


Notice of proposed rulemaking


The Secretary proposes to amend the regulations governing education records maintained by educational agencies and institutions under section 444 of the General Education Provisions Act, which is also known as the Family Educational Rights and Privacy Act of 1974, as amended (FERPA). These proposed regulations are needed to implement amendments to FERPA contained in the USA Patriot Act and the Campus Sex Crimes Prevention Act, to implement two U.S. Supreme Court decisions interpreting FERPA, and to make necessary changes identified as a result of the Department's experience administering FERPA and current regulations. These changes would clarify permissible disclosures to parents of eligible students and conditions that apply to disclosures in health and safety emergencies; clarify permissible disclosures of student identifiers as directory information; allow disclosures to contractors and other outside parties in connection with the outsourcing of institutional services and functions; revise the definitions


We must receive your comments on or before May 8, 2008.


Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments by fax or by e-mail. Please submit your comments only one time, in order to ensure that we do not receive duplicate copies. In addition, please include the Docket ID at the top of your comments. Federal eRulemaking Portal: Go to Under ``Search Documents'' go to ``Optional Step 2'' and select ``Department of Education'' from the agency drop-down menu; then click ``Submit.'' In the Docket ID column, select ED-2008-OPEPD-0002 to add or view public comments and to view supporting and related materials available electronically. Information on using, including instructions for submitting comments, accessing documents, and viewing the docket after the close of the comment period, is available through the site's ``User Tips'' link. Postal Mail, Commercial Delivery, or Hand Delivery. If you mail or deliver your comments about these proposed regulations, address them to LeRoy S. Rooker, U.S. Department of Education, 400 Maryland Avenue, SW., room 6W243, Washington, DC 20202-5920.

Further Information

Frances Moran, U.S. Department of Education, 400 Maryland Avenue, SW., room 6W243, Washington, DC 20202- 8250. Telephone: (202) 260-3887. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service (FRS) at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed under FOR FURTHER INFORMATION CONTACT.