Guidance on the Amendments to the Family Educational Rights and Privacy Act by the Uninterrupted Scholars Act. May 2014.
United States Department of Education.
Published: May 2014
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202
This guidance document explores the impact of the Uninterrupted Scholars Act (USA) signed into law by President Barack Obama on January 14, 2013, on the Family Educational Rights and Privacy Act (FERPA) and confidentiality provisions which apply to Parts B and C of the Individuals with Disabilities Education Act (IDEA). The document explains the USA amends FERPA in two ways. First, the USA amends FERPA to permit educational agencies and institutions to disclose a student's education records, without parental consent, to a caseworker or other representative of a State or local child welfare agency or tribal organization authorized to access a student's case plan when such agency or organization is legally responsible, in accordance with State or tribal law, for the care and protection of the student. Second, the USA also allows educational agencies and institutions to disclose a student's education records pursuant to a judicial order without requiring additional notice to the parent by the educational agency or institution in specified types of judicial proceedings in which a parent is involved. The benefits of these changes in improving educational and developmental outcomes for children in foster care are described, and answers are provided to questions regarding the general requirements related to USA, State requirements under USA, and the impact of USA on IDEA.
federal laws; children with disabilities; foster care; foster children; guidelines; privacy; confidentiality; confidential records; special education; confidential records disclosure laws