FERPA Notice of Proposed Rulemaking Addresses Changes in IT

The U.S. Department of Education has issued a Notice of Proposed Rulemaking with proposed regulations pertaining to the Family Education Rights and Privacy (FERPA). Among other things, "the proposed regulations respond to changes in information technology and address other issues identified through the Department's experience administering FERPA," according to the Notice. Additionally, the 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 other necessary changes.

Among the IT-related changes are:

• Clarification of what can be included as directory information, addressing Social Security Number (SSN), other student ID numbers, and email addresses
• Requiring the use of reasonable methods to identify and authenticate the identity of students, parents, school officials, and any other parties to whom personally identifiable information is disclosed
• Recommendations to assist institutions in safeguarding educational records

The deadline for comments is May 8, 2008.

The EDUCAUSE Washington Office is reviewing the proposed changes and welcome your comments or questions. We will provide a more detailed analysis of the proposed rules and any further updates at a later date.