Federal law regarding the release of educational records amended

On Board Online • January 28, 2013

By Kate Gaffney
Senior Staff Attorney

In an effort to smooth school transitions for children in foster care, Congress has amended the federal Family Educational Rights and Privacy Act of 1974 (FERPA) to allow school districts to provide a student’s education records to a state or local child welfare agency legally responsible for a student’s placement and care without parental consent.  The amendment does not require school districts to disclose such education records, but permits them to do so. The law was also amended to create an exception to the requirement that a school district notify parents before it discloses records pursuant to a court order in cases where a parent is a party to a child welfare court proceeding and the order is issued in the context of that proceeding. 

Pursuant to FERPA, school districts must obtain prior written parental consent before they disclose student educational records to a third party, unless one of the law’s exceptions applies.  Additional exceptions include, for example, disclosures made to school officials who have “legitimate educational interests” or pursuant to a lawfully issued subpoena.