Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

Forms and Documents

Document	Type	Status	Availability
FERPASupStatement08.doc	Supporting Statement A	Uploaded 2008-12-02	Available

IC Document Collections

IC ID	Collection	Type	Status	Form
187378	FERPA Section 99.32(b)(2) for State Education Authorities	Other-Regulatory Requirement	New
187377	FERPA Section 99.32(a)(4) for State Education Authorities	Other-Regulatory Requirement	New
187375	FERPA Section 99.32(a)(4) Regulatory Requirement for Schools and Postsecondary Institutions	Other-Regulatory Requirement	New
187374	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Postsecondary Institutions)	Other-Regulatory requirement	New
187373	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools)	Other-Regulatory requirement	New
185825	FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions	Other-Recordkeeping Requirement	Modified
185824	FERPA Recordkeeping Requirement (Section 99.32) for schools	Other-Recordkeeping Requirement	Modified
185823	Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions	Other-Regulatory Requirement	Modified
185822	Annual Notification of Rights Requirement (Section 99.7) for School Districts	Other-Regulatory Requirement	Modified

ICR Details

OMB Control No: 1875-0246	ICR Reference No: 200811-1875-001
Status: Historical Active	Previous ICR Reference No: 200807-1875-002
Agency/Subagency: ED/OPEPD	Agency Tracking No: 3874
Title: Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/07/2009
	Date Received in OIRA: 12/09/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/29/2012	36 Months From Approved
Responses	20,290,537	0	0
Time Burden (Hours)	1,904,665	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: The Family Educational Rights and Privacy Act (FERPA) requires that subject educational agencies and institutions notify parents and students of their rights under FERPA and requires that they record disclosures of personally identifiable information from education records, with certain exceptions.

---

Authorizing Statute(s): US Code: 20 USC 1232g Name of Law: Family Educational Rights and Privacy Act
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1855-AA05	Final or interim final rulemaking	73 FR 74806	12/09/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 9

IC Title	Form No.	Form Name
FERPA Recordkeeping Requirement (Section 99.32) for schools
Annual Notification of Rights Requirement (Section 99.7) for School Districts
Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions
FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions
FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools)
FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Postsecondary Institutions)
FERPA Section 99.32(a)(4) Regulatory Requirement for Schools and Postsecondary Institutions
FERPA Section 99.32(a)(4) for State Education Authorities
FERPA Section 99.32(b)(2) for State Education Authorities

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	20,290,537	0	0	20,290,537	0	0
Annual Time Burden (Hours)	1,904,665	0	0	1,904,665	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The Department requested a new OMB control number for FERPA since the office transferred to OPEPD. The hours include new and modified requirements as part of the FERPA regulations.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/09/2008

---