On March 28, 2025, the United States Department of Education’s Student Privacy Policy Office (“SPPO”) issued a letter to Chief State School Officers and Superintendents to provide notice to state and local educational agencies of their obligations under the Family Educational Rights and Privacy Act (“FERPA”)and the Protection of Pupil Rights Amendment (“PPRA”).  SPPO identified various priority concerns relating to FERPA and PPRA, which SPPO “is taking proactive measures to address[.]”

Parental Right to Inspect and Review Education Records.  According to the SPPO, many local educational agencies have policies and practices in conflict with FERPA.  SPPO also suggests that some of these formal or informal practices may be occurring at the direction, or minimally with the tacit approval, of their state educational agencies.  SPPO cites as an example “Gender Plans” created by schools for students but which schools assert are not education records under FERPA.   While FERPA does not provide an affirmative obligation for school officials to inform parents of any information even if it is found in a student’s education records, they must make their child’s education records open to inspect and review upon request. Under the current regulatory framework, SPPO observes, FERPA does not distinguish between a student’s “official student record” or “cumulative file.”  “Rather, all information, within certain statutory exceptions, that is directly related to a student and maintained by an educational agency or institution, is part of the student’s “education records” to which parents have a right to inspect and review.”

Safety of Students.  SSPO advises they have received many inquiries from parents concerned about safety of their children “as schools withhold related information under the auspices of FERPA.”  Schools should not withhold information from parents that identifies other students who have made death threats against their children.  SPPO provides the following example:  “. . . Student A writes a note or school assignment describing an intent, or even a detailed plan, to kill Student B (or multiple other students).  To the extent that the education record in question directly relates to both students and the information cannot be segregated and redacted without destroying its meaning, the parents of both students have the right to inspect and review that information.”  FERPA does not preclude school officials from communicating to Student B’s parents that responsive action is being taken, such as disciplinary action and/or a threat assessment. The specific disciplinary sanction imposed on Student A may not be shared with the parents of Student B—unless the sanction directly relates to both students, e.g., a stay away agreement.

Annual Notification of Rights.  SPPO advises that many local education agencies are not properly notifying parents and eligible students of their rights under FERPA.  A school is not required to notify parents individually, but “is required to provide the notice by any means that are reasonably likely to inform parents of their rights.”  These means could include prominent display on the school’s website, or publication in the student handbooks, newsletter, or in school activities calendar.   

Military Recruiters.  SPPO administers military recruiter provisions of Elementary and Secondary Education Act (“ESEA”).  SPPO advises that military recruiters are allowed the same access to secondary student records as provided to post secondary institutions or to prospective employers, and schools are required to provide student information to military recruiters, when requested, unless the parent has opted out of providing such information. The information required to be provided includes student names, addresses, electronic mailing addresses, and telephone listings.

Assurance of Compliance.  To demonstrate its priority to take proactive action to enforce FERPA, SPPO is requesting that each state educational agency submit no later than April 30, 2025, documentation such as “reports, information on policies and procedures, annual notifications, training material or other information necessary” to provide assurance that state educational agencies and their respective local educational agencies are in compliance with FERPA and PPRA, specifically with regard the priority concerns identified above.

The lawyers at Leon | Alcala, PLCC are available to assist with regard to any issues regarding the interpretation of application of FERPA and issues regarding the privacy and management of student records more generally.

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