US Dept. of Ed Publishes New Guidance on FERPA

The new guidance is called "Balancing Student Privacy and School Safety: A Guide to the Family Education Rights and Privacy Act (FERPA) for Elementary and Secondary Schools." (There are also new guides for other levels of education.

The new guidance consists of a list of exceptions -- items that the US DOE does not consider to be "school records."

• In an emergency (which is not defined in the document), any school records may be disclosed without parental consent "to protect the health or safety of students or other individuals."
• Records created and maintained by school "law enforcement units" are not protected.
• Security videos are not protected.
• FERPA does not prohibit a school official from disclosing information about a student if the information is obtained through the school official's personal knowledge or observation, and not from the student's education records.

"Finally, under FERPA, school officials may disclose any and all education records, including disciplinary records and records that were created as a result of a student receiving special education services under Part B of the Individuals with Disabilities Education Act, to another school or postsecondary institution at which the student seeks or intends to enroll. While parental consent is not required for transferring education records, the school's annual FERPA notification should indicate that such disclosures are made."