Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

Forms and Documents

Document Name	Status
2020 - FERPA Supp Statement 12-29-2020 Final.docx Supporting Statement A	2020-12-29
FERPA Appendix B Model for ES.docx Supplementary Document	2020-12-29
FERPA Appendix C Model for Post Final 081717.docx Supplementary Document	2020-12-29

IC Document Collections

IC ID	Document Title	Status
191597	FERPA Section 99.35 (a)(3) For SEAs, Large LEAs and Postsecondary Institutions Other-Regulatory r	Modified
187378	FERPA Section 99.32(b)(2) for State Education Authorities Other-Regulatory R	Modified
187377	FERPA Section 99.32(a)(4) for State Education Authorities Other-Regulatory R	Modified
187375	FERPA Section 99.32(a)(4) Regulatory Requirement for Schools and Postsecondary Institutions Other-Regulatory R	Modified
187374	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Postsecondary Institutions) Other-Regulatory r	Modified
187373	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools) Other-Regulatory r	Modified
185825	FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions Other-Recordkeepin	Modified
185824	FERPA Recordkeeping Requirement (Section 99.32) for schools Other-Recordkeepin	Modified
185823	Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions Other-Regulatory R	Modified
185822	Annual Notification of Rights Requirement (Section 99.7) for School Districts Other-Regulatory R	Modified

ICR Details

OMB Control No: 1880-0543	ICR Reference No: 202010-1880-001
Status: Received in OIRA	Previous ICR Reference No: 201708-1880-001
Agency/Subagency: ED/OM	Agency Tracking No: ED-2020-SCC-0166
Title: Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 01/05/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2021
Responses	20,293,021	20,293,021
Time Burden (Hours)	1,914,593	1,914,593
Cost Burden (Dollars)	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:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 68061	10/27/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 293	01/05/2021
Did the Agency receive public comments on this ICR? Yes

---

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

IC Title	Form No.	Form Name
FERPA Section 99.35 (a)(3) For SEAs, Large LEAs and Postsecondary Institutions
FERPA Section 99.32 Recordkeeping Requirement for Disclosures (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 schools
FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions
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 Request	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	20,293,021	20,293,021	0	0	0	0
Annual Time Burden (Hours)	1,914,593	1,914,593	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $0

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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? No

---

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: 01/05/2021

---