Department of Education Extends Window for Public Comment on FERPA

By Michael W. Lewis

January 18, 2024

On January 12, 2024, the United States Department of Education (“ED”) published a Federal Register Notice allowing an extension for input on Family Educational Rights and Privacy Act (“FERPA”) notice and recordkeeping requirements. The extension invites local educational agencies and other interested parties to submit comments on or before March 12, 2024.

Under FERPA, educational agencies and institutions, including school districts, have a duty to notify parents and students of their privacy rights and adhere to required procedures governing disclosures of personally identifiable information from education records. Pursuant to the Paperwork Reduction Act of 1995, the general public and Federal agencies are provided with an opportunity to comment on proposed, revised, and continuing collections of information, which includes the ED’s information collection activities related to FERPA.

The January 12 notice indicates that the ED is interested in public comments addressing whether the information collection is necessary, how the ED can enhance the quality, utility, and clarity of the information to be collected, how the ED can minimize the burden of information collection activities, and other relevant issues. Those who wish to comment may do so electronically on the Federal Register’s Notice.

The notice does not address why the ED is seeking to collect information regarding FERPA requirements, how it will use the information, or why the window for comments on data collection was extended. However, this extension will likely serve as the final opportunity to provide input on FERPA requirements prior to any modification of existing regulations. According to the latest ED Agency Rule List, published in the fall of 2023, proposed amendments to FERPA regulations are scheduled to be issued in May 2024.

Should you have any questions regarding FERPA, please do not hesitate to contact Michael W. Lewis, or any of the attorneys in the Appel, Yost & Zee Education Law Group.