Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

Forms and Documents

Document Name	Status
FERPA Appendix B Model for ES.doc Supplementary Document	2011-10-04
FERPA Appendix C Model for Post.doc Supplementary Document	2011-10-04
Att_FERPA Supp Statement Part A rev CLEAN FPCO 093011 (3).doc Supporting Statement A	2011-10-04

IC Document Collections

IC ID	Document Title	Status
191597	FERPA Section 99.35 a) (3) For State Education Authorities and large LEA's and postsecondary institutions Other-Regulatory requirements	Modified
187378	FERPA Section 99.32(b)(2) for State Education Authorities Other-Regulatory Requirement	Unchanged
187377	FERPA Section 99.32(a)(4) for State Education Authorities Other-Regulatory Requirement	Unchanged
187375	FERPA Section 99.32(a)(4) Regulatory Requirement for Schools and Postsecondary Institutions Other-Regulatory Requirement	Unchanged
187374	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Postsecondary Institutions) Other-Regulatory requirement	Unchanged
187373	FERPA Section 99.32 Recordkeeping Requirement for Disclosures (Schools) Other-Regulatory requirement	Unchanged
185825	FERPA Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions Other-Recordkeeping Requirement	Unchanged
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	Unchanged

ICR Details

OMB Control No: 1875-0246	ICR Reference No: 201112-1875-002
Status: Historical Active	Previous ICR Reference No: 200811-1875-001
Agency/Subagency: ED/OPEPD	Agency Tracking No: 4732
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: Approved without change	Conclusion Date: 12/02/2011
	Date Received in OIRA: 12/02/2011
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2014	36 Months From Approved	02/29/2012
Responses	20,293,021	0	20,290,537
Time Burden (Hours)	1,914,593	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	Final or interim final rulemaking	76 FR 75604	12/02/2011

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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 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
FERPA Section 99.35 a) (3) For State Education Authorities and large LEA's and postsecondary institutions
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 Section 99.32 Recordkeeping Requirement for Disclosures (Schools)

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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	20,293,021	20,290,537	0	2,484	0	0
Annual Time Burden (Hours)	1,914,593	1,904,665	0	9,928	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: There is an increase in burden hours due to new paperwork requirement(s) for Section 99.35(a)(3)related to the FERPA draft final regulation currently under review at OMB. This information collection #1875-0246 is related to the FERPA final regulations submitted to OMB on 9/23/2011.

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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: 10/04/2011

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