Department of Education Issues Guidance on Student Privacy and Parental Rights, Imposes Reporting Requirements for State Educational Agencies

On March 28, 2025, the U.S. Department of Education issued a Dear Colleague Letter addressed to the chief officers of state educational agencies (SEAs) and local educational agencies (LEAs), reminding them that the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA) “were intended to shelter families from invasion of their privacy — not to insulate schools from transparency and accountability to parents.” The Department’s guidance emphasizes parental rights and states, “[s]chools should not treat parents as enemies just for wanting to know about the mental and physical health and safety of their own children.”

The guidance instructs allSEAs to submit to the Department, no later than April 30, 2025, documentation to substantiate that their respective LEAs’ policies comply with the provisions of FERPA and PPRA. Relevant documentation includes reports, information on policies and procedures, annual notifications, training materials or other information, particularly those that relate to four issues identified by the Department as its priority concerns. 

The Department’s priority concerns are as follows:

First, the Department believes that “many” LEAs are withholding documents from parents that qualify as “education records” to which parents have a right of access under FERPA. In particular, the Department believes that school divisions are helping students create “gender plans” that are being withheld from parents. The Department’s position is that gender plans are education records even if they are kept in a separate file and not as part of the “official student record” because FERPA does not distinguish between a student’s “official student record” or “cumulative file.” Pursuant to FERPA, all information — subject to limited statutory exceptions — directly related to a student and maintained by an educational agency or institution constitutes education records to which parents have a right to inspect and review. 

Second, the Department reported receiving “many inquiries from parents” about schools withholding information pertaining to the safety of students. The guidance states that schools should not rely on FERPA to withhold from parents identifying information about students who have made death threats against their child. The Department restated its position that to the extent an education record directly relates to two students and the information “cannot be segregated and redacted without destroying its meaning, the parents of both students have the right to inspect and review that information.” Specific disciplinary measures against one student cannot be disclosed to the parent of another student unless the disciplinary measure directly relates to both students. An order, however, that specifies that one student must stay 500 feet away from another student is a record that relates to both students and may be shared with both students’ parents. Accordingly, schools can and should disclose to an affected student’s parent the fact that responsive action is being taken with respect to a threat assessment and details about protective measures that directly affect their child.

Third, the Department emphasized parents’ and eligible students’ right to an annual notification of their rights under FERPA. This notification may be completed through publication in the school activities’ calendar, newsletter, student handbook or website.

Finally, the guidance notes that military recruiters have the right, under the Elementary and Secondary Education Act, to access secondary student information, including names, addresses, email address and telephone listings, unless the parent has opted out of providing the information.

SEAs may email their responsive documentation and response to SAOP@ed.gov, including the name of the SEA in the subject line, with attention to Frank E. Miller, Jr., acting director of the Student Privacy Policy Office. Alternatively, SEAs may send a written response to:

For questions or assistance in your response to the Department’s guidance, contact a member of McGuireWoods’ education team.