New Federal Rules on Student Information

Proposed Federal Rules Expand Disclosure of Student Information

April 15, 2008--T he U.S. Department of Education (DOE) has published new regulations enforcing the Family Educational Rights and Privacy Act (FERPA), which governs disclosures from students' records by educational institutions.
The proposed rules were published in the Federal Register on March 24 and are available at http://www.bazelon.org/pdf/ED-2008-OPEPD-0002.pdf
They address the disclosure of information to parents and others and set a new standard for DOE's review of disclosures.

DOE has acted responsibly in the past to safeguard student privacy. The proposed regulation may herald a new hands-off approach that will weaken FERPA enforcement, erode privacy, and place at risk the confidentiality of students'
mental health information.

The rules allow for a public comment period (ending at 5 p.m. on May 8, 2008).
The Bazelon Center will post its comments online in advance for use as a model.

For details and instructions for commenting, visit:
http://www.bazelon.org/issues/education/takeaction/4-08FERPAregs.htm

For more information:
* the Bazelon Center's campus mental health policy guide, Supporting Students: A Model Policy for Colleges and Universities:
http://www.bazelon.org/newsroom/2007/STUDENTMENTALPOLICY051607.htm

* and the October 2007 Department of Education guide entitled, "BalancingStudent Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities,"
http://www.ed.gov/policy/gen/guid/fpco/brochures/postsec.html