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!

Tom Myers 9/19/2015

I think the appropriate standard is expressly stated in the regulations already – under 34 CFR 99.31(a)(9)(iii), if the parents or eligible student are in litigation with the educational agency, the test is relevancy to the prosecution or defense of the claims in the litigation.  That standard applies to all education records, including medical records.  Any attempt to define or limit what is relevant will needlessly limit the ability of the educational agency and its attorneys to comply with the existing regulation and protect its legal rights during the litigation.  The possible fact scenarios which might arise can never be predicted sufficiently to draft guidance for every possible situation.  Such guidance will also likely create a conflict between the existing regulation cited above and the guidance letter.  I believe the proposed guidance should be withdrawn as unnecessary and in conflict with 34 CFR 99.31(a)(9)(iii).