FERPA Notice of Proposed Rulemaking Addresses Changes in IT

[Rodney Petersen <rpetersen () EDUCAUSE EDU>]

The U.S. Department of Education has issued a Notice of Proposed
Rulemaking (http://edocket.access.gpo.gov/2008/pdf/E8-5790.pdf) with
proposed regulations pertaining to the Family Education Rights and
Privacy (FERPA).   Among other things, "the proposed regulations respond
to changes in information technology and address other issues identified
through the Department's experience administering FERPA," according to
the Notice. Additionally, the regulations are needed to implement
amendments to FERPA contained in the USA Patriot Act and the Campus Sex
Crimes Prevention Act, to implement two U.S. Supreme Court decisions
interpreting FERPA, and to make other necessary changes.

Among the IT-related changes are:

*       Clarification of what can be included as directory information,
addressing Social Security Number (SSN), other student ID numbers, and
email addresses
*       Requiring the use of reasonable methods to identify and
authenticate the identity of students, parents, school officials, and
any other parties to whom personally identifiable information is
disclosed
*       Recommendations to assist institutions in safeguarding
educational records (Note:  this is covered on page 15598 of Federal
Register Notice or page 26 of PDF document.)

The deadline for comments is May 8, 2008.

The EDUCAUSE Washington Office (http://www.educause.edu/policy) is
reviewing the proposed changes and welcome your comments or questions
(send comments to rpetersen () educause edu). We will provide a more
detailed analysis of the proposed rules and any further updates at a
later date.

-Rodney

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Rodney J. Petersen, J.D.
Government Relations Officer & Security Task Force Coordinator

EDUCAUSE
1150 18th Street, N.W., Suite 1010
Washington, D.C. 20036
(202) 331-5368 / (202) 872-4200
(202) 872-4318 (FAX) 
EDUCAUSE/Internet2 Security Task Force
www.educause.edu/security
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