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!

Must educational agencies and institutions record any disclosure of PII from education records to the CWA or tribal organization?

Yes.  FERPA requires recordkeeping on requests for access to and disclosures of education records.  See § 99.32.  The FERPA regulations state that an educational agency or institution:  (1) shall maintain a record of each request for access to and each disclosure of PII from the education records of each student; and (2) shall maintain the record with the education records of the student as long as the records are maintained.  Thus, if a school discloses education records to the CWA or tribal organization under this exception, the school must be compliant with the recordation requirements under FERPA and also must include:  (1) the parties who have requested or received PII from the education records, and (2) the legitimate interests the parties had in requesting or obtaining the information.  If an educational agency or institution discloses PII from education records with the understanding that further disclosures will be made, the educational agency’s or institution’s record of disclosure must include the names and legitimate interests of the additional parties.