State Longitudinal Data Systems and Student Privacy Protections Under the Family Educational Rights and Privacy Act
November 1, 2006
Holland & Knight Partners Arthur L. Coleman and Scott R. Palmer and Senior Counsel Steven Y. Winnick authored “State Longitudinal Data Systems and Student Privacy Protections Under the Family Educational Rights and Privacy Act,” which
was written at the request of the Data Quality Campaign.
Concerns have been raised about whether the federal Family Educational Rights and Privacy Act (FERPA) prevents or significantly hampers effective use of these systems to accomplish their objectives. Two principles are critical and need to be harmonized: (1) states, local school districts, schools, and colleges and universities need to make fuller use of student data to effect educational reforms and better meet the needs of individual students; and (2) students' privacy rights and the rights of parents to protect their children need to be preserved.
The paper addresses how a state longitudinal data system can align these principles and comply with FERPA, with regard to student data at all levels of education, pre-kindergarten through postsecondary education.
http://www.hklaw.com\content\whitepapers\StateLongitudinalsDataSystems2.pdf