Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements

Forms and Documents

Document Name	Status
FERPASupStatement08.doc Supporting Statement A	2008-07-24

IC Document Collections

IC ID	Document Title	Status
185825	FERPA's Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions Other-Recordkeeping Requirement	New
185824	Recordkeeping Requirement (Section 99.32) for schools Other-Recordkeeping Requirement	New
185823	Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions Other-Regulatory Requirement	New
185822	Annual Notification of Rights Requirement (Section 99.7) for School Districts Other-Regulatory Requirement	New

ICR Details

OMB Control No: 1875-0246	ICR Reference No: 200807-1875-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: ED/OPEPD	Agency Tracking No: 3693
Title: Family Educational Rights and Privacy Act (FERPA) Regulatory Requirements
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 07/29/2008
	Date Received in OIRA: 07/25/2008
Terms of Clearance: ED will resubmit this collection at the final rule stage.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
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:
1855-AA05	Proposed rulemaking	73 FR 15574	03/24/2008

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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: 4

IC Title	Form No.	Form Name
Annual Notification of Rights Requirement (Section 99.7) for School Districts
Annual Notification of Rights Requirement (Section 99.7) for Postsecondary Institutions
Recordkeeping Requirement (Section 99.32) for schools
FERPA's Recordkeeping Requirement (Section 99.32) for Postsecondary Institutions

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is an increase due to ED requesting a new OMB control number.

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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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

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: 07/25/2008

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