The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Does FERPA permit educational agencies and institutions to disclose PII from education records to CWAs or tribal organizations, without consent, when the student reaches 18 years of age or attends a postsecondary institution but remains in foster care pla

Yes.  Once a student reaches 18 years old or attends a postsecondary institution at any age, the student becomes an eligible student and the rights under FERPA transfer to that student.  FERPA governs the disclosure of PII from the education records of an eligible student in the same fashion as it governs the disclosure of PII from the education records of a student under the age of 18.  As a practical matter, most States consider an individual who has reached the age of 18 to be an adult; therefore, the individual would generally not remain in foster care placement.  However, if under State or tribal law an individual is who is 18 or older or is attending a postsecondary institution  remains in a foster care placement, then the educational agency or institution may choose to disclose education records to the CWA that is legally responsible for the care and protection of the eligible student without the consent of the eligible student.