Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

Forms and Documents

Document Name	Status
Att_FERPA Supp Statement Part A v1 12-15-09.doc Supporting Statement A	2009-12-17

IC Document Collections

IC ID	Document Title	Status
191597	FERPA Section 99.35 a) (3) For State Education Authorities Other-Regulatory Requirements	New
187378	FERPA Section 99.32(b)(2) for State Education Authorities Other-Regulatory Requirement	Modified
187377	FERPA Section 99.32(a)(4) for State Education Authorities Other-Regulatory Requirement	Modified
187375	FERPA Section 99.32(a)(4) Regulatory Requirement for Schools and Postsecondary Institutions Other-Regulatory Requirement	Modified
187374	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Postsecondary Institutions) Other-Regulatory requirement	Modified
187373	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools) Other-Regulatory requirement	Modified
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	Unchanged
185823	Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions Other-Regulatory Requirement	Unchanged
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: 200912-1875-001
Status: Historical Inactive	Previous ICR Reference No: 200811-1875-001
Agency/Subagency: ED/OPEPD	Agency Tracking No: 4184
Title: Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 06/07/2011
	Date Received in OIRA: 04/08/2011
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Pursuant to 5 CFR 1320.11(c), OMB files this comment on this information collection request (ICR). In accordance with 5 CFR 1320, OMB is withholding approval at this time. The agency shall examine public comment in response to the NPRM and will describe in the preamble of the final rule how the agency has maximized the practical utility of the collection and minimized the burden. The next submission to OMB must include the draft final rule.

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

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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.

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

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1880-AA86	Proposed rulemaking	76 FR 19726	04/08/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
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
FERPA Section 99.35 a) (3) For State Education Authorities
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 schools
FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions
FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools)

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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: These hours are based on the changes and new provisions of the FERPA regulatory requirements of the Final Rule under 34 CFR Part 99. There is also a correction being made in the number of responses in the table for 99.32(b)(2) going from 204 to 206 responses.

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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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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: 04/08/2011

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