Review amendments to FERPA

The Uninterrupted Scholars Act (USA) was signed into law in mid-January by President Barack Obama and became effective immediately. Amendments to the Family Educational Rights and Privacy Act include Additional Exception to Parental Consent Requirements for Students in Foster Care; and Exemption to Notice Requirement When Records Released Under Court Order. These amendments are intended to do the following:

  1. Allow schools to release student education records to a caseworker, state or local child welfare representative, or tribal organization that has the right to access the student’s case plan when such agency or organization is legally responsible for the care and protection of the student. This is meant to ensure timely access to the student records of those students in foster care and thus prevent the interruption of their education
  2. Create an exemption to the requirement that parents be notified when records are released in conjunction with a court order. An educational agency does not need to notify the parent of the release of records under the court order “when a parent is a party to a court proceeding involving child abuse and neglect or dependency matters, and the order is issued in the context of that proceeding.”

Please visit  Family Policy Compliance Office for additional guidance as it is made available.