Department of Education/FERPA Guidance on Remote Work and Privacy
The coronavirus outbreak has forced many of us to navigate through uncommon territory. As our member institutions move to remote working and virtual learning during this time of social
distancing, we have received inquiries regarding student privacy, best practices on virtual access of student records, and how to ensure that institutions continue to adhere to the Family Educational Rights and Privacy Act (FERPA) under changing work
environments. The U.S. Education Department's Student Privacy Policy Office (SPPO) hosted a to review some frequently
asked questions on FERPA and implications for distance learning due to school closures. SPPO also shared
updated guidance and on virtual learning and FERPA. The guidance includes and the importance of evaluating the risk associated with sending student
information and recognizing if it is personally identifiable information (PII).
The department highlights its , which includes resources on safeguarding education records,
such as:
- —this resource identifies applicable exceptions under FERPA, including the school official exception. This resource, while originally
developed for online educational services, is also applicable for virtual learning tools and includes best practices for safeguarding student education records under FERPA.
- —this checklist is a helpful tool to evaluate online educational apps.
Additionally, the recently-released
FERPA and the Coronavirus Disease 2019 (COVID-19) FAQs document identifies questions for school officials regarding
the health or safety emergency exception under FERPA in the context of COVID-19. A separate related to the outbreak includes temporary waivers from the federal government and accreditors on new or expanded
distance education programs. We understand our members are working diligently to respond to the quickly evolving situation and ̽»¨Â¥ plans to provide additional guidance on these pressing topics in the near future.