The U.S. Department of Education announced that its Student Privacy Policy Office (SPPO) issued a Dear Colleague Letter reminding state and local education agencies receiving federal funds of their obligations under the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). The guidance emphasizes that parents have the right to review their children’s educational records and that institutions that fail to comply with these laws may risk the loss of federal funding.
The Department stated that the reminder follows reports of schools withholding information from parents, including allegations that some districts maintained records related to a student’s gender identity separately from official records. The Department also cited investigations involving sensitive student surveys, alleged parental secrecy policies, and claims that some state education agencies pressured districts to violate FERPA requirements.
According to the guidance, PPRA requires schools to obtain written parental consent before requiring students to participate in surveys or evaluations that collect certain sensitive information, including political beliefs, mental health information, religious beliefs, and sexual attitudes or behavior. The Department clarified that surveys administered by teachers, counselors, or other school officials may be considered required activities and that providing only an opt-out option may not satisfy the law’s consent requirements.
The Department also stressed that schools must properly inform parents of their rights under FERPA and PPRA, including the ability to review educational records, inspect instructional materials, and request changes to student records when appropriate. The announcement notes that the Department is continuing enforcement efforts, including its partnership with the Department of Justice, and reiterates that violations of FERPA or PPRA can result in the termination of federal funding.
Don’t miss out on ED311 blog posts! Subscribe to the ED311 newsletter.