The Family Educational Rights and Privacy Act (FERPA): Legal Issues

Summary

One developing area of dispute under FERPA concerns state and local policies regarding parental access to information about their children's gender identity at school. States and school districts have different rules regarding whether parents must be notified when students experience gender dysphoria and/or pursue gender transition. Some states have passed laws requiring schools to affirmatively disclose to parents when a minor requests a change in pronouns used to identify the student. See, e.g., Iowa Code § 279.78 (2026); Ind. Code § 20-33-7.5-2 (2026). A number of public schools in other states, by contrast, have implemented policies prohibiting disclosure of a student's gender identity to parents without the student's consent. In some cases, parents have sued school districts that have implemented these latter policies, arguing that denying parents access to critical information about their children violates their constitutional rights. In 2026, the Supreme Court issued a decision on this matter on its "emergency docket" that will likely inform how courts examine these questions going forward. In that case, the Court ruled that parents had adequately alleged violations of the Free Exercise and Due Process Clauses of the Constitution. Mirabelli v. Bonta, 146 S. Ct. 797, 802 (2026) (per curiam). On March 28, 2025, ED issued guidance indicating that school policies that prohibit disclosure of information about a student's gender identity to parents violate FERPA and has since initiated several investigations into states and school districts that allegedly have such policies.

As discussed in more detail below, FERPA does not contain a private right of action authorizing individuals such as parents or students to initiate a lawsuit to enforce the law's requirements.¹¹ Instead, the statute is primarily enforced by ED, which can investigate allegations of a violation and ultimately terminate funding for non-compliance.¹² One implication of this framework is that courts do not routinely interpret FERPA's statutory and regulatory provisions in the context of lawsuits to directly enforce its provisions against schools. Courts more often have occasion to interpret the statute in other contexts, such as in the course of discovery disputes that involve access to school records;¹³ under the Individuals with Disabilities Education Act, which contains implementing regulations incorporating FERPA's definition of "education record;"¹⁴ and in the relatively limited situations in which the Department of Justice (DOJ) brings a lawsuit to enforce FERPA against a school.¹⁵

The Supreme Court considered the scope of this definition in a 2002 decision, Owasso Independent School District v. Falvo.²⁰ There, the Court examined whether the process of peer grading in classrooms violated FERPA requirements.²¹ The plaintiffs argued that the practice of students grading one another's papers and calling out those grades to the teacher for recording violated FERPA by disclosing students' "education records" without parental consent.²² The Court disagreed, ruling that the grades of students' papers, at least before being entered into the teacher's gradebook, are not "education records" because they are not "maintained" within the meaning of the term's definition.²³ The term "maintain," the Court noted, suggested that education records subject to FERPA would be "kept in a filing cabinet in a records room at the school or on a permanent secure database."²⁴ When students grade one another's papers, the Court explained, they do not "maintain" records in the manner that the school registrar does.²⁵

FERPA expressly states that certain materials are not "education records," including employment records,²⁶ as well as records that are created by educational personnel, that are in the sole possession of the creator (e.g., notes taken by a teacher regarding a conversation with a student), and that are not accessible to anyone except a substitute.²⁷

Employee Records

Health Records of Adult Students and Postsecondary Students

A related issue under FERPA concerns whose information is protected from disclosure. As an initial matter, the law shields student education records from disclosure without parental consent, but not those of school employees.³⁴ Who exactly counts as a student, however, is not always clear. For instance, medical residents at a teaching hospital might have a relationship to the institution that reflects aspects of both a student and an employee.³⁵ In guidance from 1995, ED indicated that medical residents do not count as students under FERPA.³⁶ ED explained that, because medical residents generally have earned their terminal degree, "[e]valuative records pertaining to their practical experience as doctors who have completed their education are not 'education records' under FERPA."³⁷ However, several courts have subsequently taken a broader view of the statute, interpreting "student" to include medical residents.³⁸

Covered schools must allow parents certain access to their children's records at school. As explained below, the scope of this requirement has been the subject of dispute in recent years for some states and school districts with respect to education records that concern students' gender identity.

FERPA requires schools that receive financial assistance from ED to allow parents to access and review the education records of their children.³⁹ Under the statute, schools must establish procedures that facilitate this process, and those procedures must ensure that parents can access their children's records within forty-five days of a request.⁴⁰ Parents must also have the option to challenge the content of those records to ensure their accuracy, including through a hearing if requested.⁴¹ According to FERPA regulations, schools must annually give parents notice of their rights under the law.⁴²

Although the rights under FERPA transfer from parents to students when they turn eighteen or enter postsecondary education,⁴³ those students' right of access to records is limited in several ways. For instance, FERPA does not require colleges to make parents' financial records available to students.⁴⁴

The carve-out of directory information from FERPA's disclosure prohibition allows schools to include certain student information in various publications, such as playbills for theatre productions, programs at athletics competitions, student directories, yearbooks, graduation programs, and honor rolls.⁷⁰ Directory information also can be distributed to companies that provide class photos, yearbooks, and class rings.⁷¹

FERPA's regulations also provide that schools, as well as parties authorized to receive education records under a relevant exception (e.g., the exception for audits and evaluations),⁷² may disclose "de-identified" records absent consent.⁷³ For this exception to apply, the entity must remove all PII and make "a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information."⁷⁴

The statute also contains numerous exceptions that allow for disclosure of student education records in certain situations. While the carve-out for directory information allows for disclosure as a general matter (provided schools satisfy the notice requirement), FERPA exceptions are more specific in that they typically limit disclosure to specific entities for particular reasons. For many FERPA exceptions,⁷⁵ the regulations also impose requirements on recipients of student records regarding the use and re-disclosure of that information.⁷⁶ When schools disclose PII from an education record pursuant to an applicable exception, they must do so on the condition that the recipient will not re-disclose the information absent consent.⁷⁷ When recipients receive student information, they may only use the information for the purposes for which it was disclosed.⁷⁸ The regulations provide, however, that schools may disclose PII to a recipient with the understanding that the recipient may make further disclosures on behalf of the school if a relevant exception applies.⁷⁹ Schools must keep a record of which individuals or entities (other than a student's parents) requested or obtained access to a student's records, including the legitimate interest such entities had in the information.⁸⁰ Some of the most commonly utilized FERPA exceptions are discussed in detail below.⁸¹

According to guidance from ED, FERPA does not prohibit a school official from disclosing information obtained not through a record but from personal knowledge or observation.¹²⁷ For instance, if a teacher overhears a student make a threat, FERPA does not prohibit that information from being disclosed.¹²⁸ Consequently, the teacher could disclose what he or she overheard to appropriate authorities.¹²⁹

A separate provision states that education records can be disclosed to "the entity or persons designated in a Federal grand jury subpoena" or in response to "any other subpoena issued for a law enforcement purpose."¹³⁴ FERPA appears to contemplate that both courts and other agencies may issue subpoenas for law enforcement purposes.¹³⁵ The statute also contains provisions related to the disclosure of subpoenas for grand jury or law enforcement purposes when used to obtain education records. In the case of grand jury subpoenas, a court must, for good cause shown, order the entity that is served not to disclose (1) that the subpoena exists or (2) any of the records turned over in response.¹³⁶ Courts issuing subpoenas for law enforcement purposes may order these same restrictions on disclosure, but FERPA does not require them to do so.¹³⁷

In the context of postsecondary education, a different statute requires institutions of higher education (IHEs) that receive certain federal funds to allow military recruiters to access student information "for purposes of military recruiting."¹⁷⁹ Specifically, IHEs must provide access to the following information for enrolled students who are aged seventeen or older: name, address, e-mail, phone number, date and place of birth, level of education, academic majors, degrees received, and school of most recent enrollment.¹⁸⁰

Schools that receive federal financial assistance generally must comply both with FERPA and these Title IX requirements. Although FERPA does not have an express "exception" for disclosures in Title IX sexual harassment proceedings, these requirements may nonetheless be reconcilable. According to ED, the requirements of FERPA and the Title IX regulations do not contradict each other.¹⁹¹ In cases where a direct conflict arises, ED asserts that Title IX's requirements override FERPA.¹⁹² For support, ED points to the larger General Education Provisions Act (GEPA)—of which FERPA is a part—which provides that nothing in its provisions "shall be construed to affect the applicability of" Title IX.¹⁹³ In addition, Title IX regulations themselves provide that a recipient's obligation to comply with Title IX's requirements "is not obviated or alleviated by the FERPA."¹⁹⁴

Further, ED asserts that these Title IX regulations help protect a party's right to procedural due process under the Constitution.¹⁹⁵ In certain student disciplinary cases involving public schools, the Constitution requires that parties be given adequate notice of the charges against them and a meaningful opportunity to respond.¹⁹⁶ ED is precluded from enforcing Title IX or FERPA in a manner that deprives students of their constitutional rights.¹⁹⁷ According to this line of reasoning, FERPA cannot prohibit a school from disclosing to an accused student the evidence collected against him or her in a disciplinary proceeding because that would violate due process.¹⁹⁸

In addition, ED points to the FERPA requirement that parents (or eligible students) have access to their own education records.¹⁹⁹ FERPA's definition of education records includes records that "contain information directly related to a student."²⁰⁰ ED notes that the evidence and investigative report disclosed pursuant to Title IX regulations directly relates to the allegations in a complaint, and therefore "directly relate" to the students at issue.²⁰¹

Moreover, as a practical matter, even if compliance with certain Title IX requirements might appear to conflict with FERPA's provisions in a particular situation, schools that comply with Title IX regulations by disclosing evidence to parties in a disciplinary proceeding are unlikely to face legal repercussions, at least absent a shift in ED's policy approach. As noted above, FERPA does not create a private right of action, meaning that ED conducts most enforcement of the statute.²⁰² But here, ED has explicitly acknowledged that, as it administers both FERPA and Title IX, it will "not interpret compliance with its regulations under Title IX to violate requirements in its regulations under FERPA."²⁰³

Although FERPA's prohibition on disclosing student records without consent is framed broadly, the various exceptions to that mandate have provided schools flexibility to respond to situations in which certain information merits release. Congress's original purpose in enacting FERPA included two broad aims: to assure parents of access to education records and to protect privacy by limiting the transferability of those records absent consent.²⁰⁴ The latter goal responded to the widespread "abuse of student records across" the country.²⁰⁵ At the time, Congress was concerned about "clear evidence of frequent, even systematic violations" of student privacy through the unauthorized collection of personal information and inappropriate disclosure of that information to different individuals and organizations.²⁰⁶ Congress aimed to balance the concern for student privacy with considerations for those with legitimate interests in accessing education records. When drafting FERPA in 1974, Congress noted its intent to "assure that requests for information associated with evaluations of Federal education programs do not invade the privacy of students."²⁰⁷ That original exception, allowing the disclosure of de-identified education records for the evaluation of federal education programs, sought to balance "[t]he need to protect students' . . . against legitimate Federal needs for information."²⁰⁸

Over time, Congress has added additional exceptions to FERPA's general prohibition. As discussed above, schools may now disclose materials to ensure school safety, to participate in certain studies aimed at improving education outcomes, and to adapt to changes in how education is generally offered, including through developments in technology.

Some have expressed larger concerns with the handling of student records.²⁰⁹ As explained above, a number of schools have implemented policies that prohibit the disclosure of a student's gender identity to parents without the student's consent.²¹⁰ In a case challenging these policies in California, the Supreme Court reinstated a district court's injunction against California, determining that the state's policies likely violated the rights of parents under the Constitution's Free Exercise and Due Process Clauses and that denying their constitutional rights during the litigation process would cause irreparable harm.²¹¹ ED has also issued guidance indicating that such school policies violate FERPA's requirements.²¹² In addition, the maintenance and use of student records by third parties authorized to receive them for a particular purpose has generated controversy.²¹³

Similarly, reports of immigration enforcement at schools has raised concerns about student privacy.²¹⁴ For instance, one issue that can arise is whether FERPA allows schools to release information about a student in response to a request from Immigration and Customs Enforcement (ICE), such as in response to a lawfully issued subpoena.²¹⁵ In a letter from 1998, ED observed that it had "consistently" taken the position that school districts are in the best position to determine if a subpoena has been issued "lawfully," as the standards for subpoenas can vary by state.²¹⁶ States have issued varying guidance to their school districts concerning whether and how to respond to requests for information from immigration authorities consistent with FERPA's provisions.²¹⁷ There may be less question as to the lawfulness of immigration administrative subpoenas, which are authorized by federal law rather than state law; if an immigration administrative subpoena is issued consistent with federal statutory parameters, it might qualify as a lawfully issued subpoena under FERPA.²¹⁸ However, administrative subpoenas are not self-executing,²¹⁹ and some schools may take the position that a court order is necessary to ensure that a subpoena is "lawfully issued."²²⁰ If lawmakers seek to address these issues, they could consider amending FERPA to define schools' and parties' obligations more specifically (subject to the constitutional limitations identified by the Supreme Court).

Further, because the statute lacks a private right of action for students or parents to bring suit in response to FERPA violations, Congress could consider, and some bills have proposed, adding such a right to the statute. For instance, a bill introduced in the 119th Congress would create a private right of action and authorize courts to issue declaratory relief, injunctions, and award attorney's fees where violations are found.²²¹ At the same time, Congress's ability to authorize private enforcement of FERPA may be limited in part by the Constitution's Article III standing requirements, including the requirement that a plaintiff suffer a concrete injury-in-fact.²²² The Supreme Court has ruled that Article III "requires a concrete injury even in the context of a statutory violation,"²²³ and that "courts should assess whether the alleged injury to the plaintiff has a 'close relationship' to a harm 'traditionally' recognized" by American courts.²²⁴ Certain tangible injuries, such as physical or monetary harm, easily qualify as concrete,²²⁵ but intangible harms may require a more searching inquiry as to whether the harm is sufficiently similar to traditionally recognized harms like intrusion upon seclusion, forced disclosure of private information, reputational harms, or harms specified by the Constitution.²²⁶

Footnotes

See, e.g., Betsy Morris, Schools Wrestle With Privacy of Digital Data Collected on Students, Wall St. J. (July 10, 2019, at 8:33 ET), https://www.wsj.com/articles/one-parent-is-on-a-mission-to-protect-children-from-digital-mistakes-11562762000.

See, e.g., Shawn Hubler, Keeping Online Testing Honest? Or an Orwellian Overreach? N.Y. Times (May 10, 2020), https://www.nytimes.com/2020/05/10/us/online-testing-cheating-universities-coronavirus.html; Anushka Patil & Jonah Engel Bromwich, How It Feels When Software Watches You Take Tests, N.Y. Times (Sep. 29, 2020), https://www.nytimes.com/2020/09/29/style/testing-schools-proctorio.html.

See, e.g., John Higginson, Artificial Intelligence and Student Privacy: Building Trust Through Responsible Design, The AI Journal (Jan. 20, 2026), https://aijourn.com/artificial-intelligence-and-student-privacy-building-trust-throughresponsible-design/ [https://perma.cc/MFP6-EQV5]; Brian Horowitz, How to Secure AI Tools Within Your K-12 Digital Environment, EdTech: Focus on K-12, EdTech Magazine (May 30, 2025), https://edtechmagazine.com/k12/article/2025/05/how-secure-ai-tools-in-k12-environment-perfcon [https://perma.cc/2C9U-LZZ6]; Student and Educator Data Privacy, Nat'l Educ. Ass'n (June 20, 2025), https://www.nea.org/professional-excellence/student-engagement/tools-tips/student-and-educator-data-privacy [https://perma.cc/4FCT-D8LM].

Educational agencies and institutions include local educational agencies (LEAs), elementary and secondary schools, and postsecondary educational institutions. See ED, Priv.Tech. Assistance Ctr., School Resource Officers, School Law Enforcement Units, and the Family Educational Rights and Privacy Act (FERPA) 6 (2019) [hereinafter Law Enforcement Units], https://studentprivacy.ed.gov/sites/default/files/resource_document/file/SRO_FAQs.pdf [https://perma.cc/8J6V-TBXM]. For ease of reference, this report refers to the recipient educational agencies and institutions subject to FERPA simply as "schools."

FERPA applies when schools receive funds "made available under any applicable program." 20 U.S.C. § 1232g(a)(1)(A). "Applicable program" is defined as "any program for which the Secretary or the Department has administrative responsibility as provided by law or by delegation of authority pursuant to law." 20 U.S.C. § 1221(c)(1); 34 C.F.R. § 99.60(c) (2026). ED administers a number of programs that distribute financial assistance to schools and students, including the Elementary and Secondary Education Act, which authorizes aid for elementary and secondary schools (often through state and local educational agencies). See Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, 79 Stat. 27 (codified as amended at 20 U.S.C. §§ 6401–6577). ED also provides financial assistance to colleges and universities, including through grants and loans extended to students, as well as direct financial assistance to certain institutions of higher education, under the Higher Education Act. See Higher Education Act of 1965, Pub. L. No. 89-329, 79 Stat. 1219 (codified as amended at 20 U.S.C. §§ 1001–1161aa-1). For more on the Elementary and Secondary Education Act, see CRS Report R45977, The Elementary and Secondary Education Act (ESEA), as Amended by the Every Student Succeeds Act (ESSA): A Primer, by Rebecca R. Skinner (2024). For more on the Higher Education Act, see CRS Report R43351, The Higher Education Act (HEA): A Primer, by Kyle D. Shohfi and Rita R. Zota (2023).

20 U.S.C. § 1232g. The Protection of Pupil Rights Amendment also has implications for student privacy. Id. § 1232h. Among other things, the law prohibits certain surveys of students absent consent, grants parents of students the right to inspect potential surveys, and requires schools to allow parents to opt out of certain activities, including physical examinations. Id. § 1232h(b), (c)(1)(A), (c)(2).

Id. § 1232g(a)(1)(A). When a student reaches the age of eighteen or attends a postsecondary institution, the rights of the parent transfer to the student. Id. § 1232g(d); 34 C.F.R. §§ 99.3, 99.5.

20 U.S.C. § 1232g(b)(1). FERPA rights transfer to students once they reach the age of eighteen or attend a postsecondary institution. Id. § 1232g(d); 34 C.F.R. §§ 99.3, 99.5.

20 U.S.C. § 1232g(b)(1)(A)–(K).

20 U.S.C. § 1232g(b)(1).

See infra "FERPA Enforcement."

20 U.S.C. § 1262g(f), (g).

See, e.g., Shophar v. Pathway Fam. Servs., LLC, No. 22-CV-2333, 2026 WL 84377, at *3 (N.D. Ill. Jan. 12, 2026) ("Second, the Court finds the subpoena should be quashed considering the Family Educational Rights and Privacy Act."); Daywalker v. Univ. of Tex. Med. Branch at Galveston, No. 3:20-CV-00099, 2021 WL 4099827, at *3 (S.D. Tex. Sep. 9, 2021) ("Importantly, 'a party seeking disclosure of education records protected by FERPA bears a significantly heavier burden to justify disclosure than exists with respect to discovery of other kinds of information, such as business records.'" (quoting Ragusa v. Malverne Union Free Sch. Dist., 549 F. Supp. 2d 288, 292 (E.D.N.Y. 2008))), aff'd sub nom. Daywalker v. UTMB at Galveston, No. 22-40813, 2024 WL 94297 (5th Cir. Jan. 19, 2024).

34 C.F.R. § 300.611(b); Burnett v. San Mateo Foster City Sch. Dist., 739 F. App'x 870, 873 (9th Cir. 2018) ("An 'education record' under IDEA is defined by the regulations implementing the Family Educational Rights and Privacy Act ('FERPA').").

See United States v. Miami Univ., 294 F.3d 797, 812 (6th Cir. 2002).

Because FERPA penalizes schools that have a policy or practice of violating its provisions, 20 U.S.C. § 1232g(b)(1), some disagreement exists with regard to how the statute should interact with state open records laws. Mathilda McGee-Tubb, Deciphering the Supremacy of Federal Funding Conditions: Why State Open Records Laws Must Yield to FERPA, 53 B.C. L. Rev. 1045, 1049 (2012); see Miami Univ., 294 F.3d at 812 (affirming a district court decision that granted an injunction brought by the United States against a university from releasing records in violation of FERPA). This report only examines the ways in which FERPA directly regulates the disclosure of student records. It does not consider the degree to which FERPA may also have a preemptive effect on inconsistent state or local measures. See generally Caledonian-Record Pub. Co. v. Vt. State Coll., 833 A.2d 1273, 1275–76 (Vt. 2003) (collecting cases reaching different conclusions on FERPA's preemptive effect and observing that "state and federal courts are sharply divided on this issue. Some have questioned whether the federal law, merely by withholding funds from educational institutions that release education records to anyone other than certain enumerated persons, affirmatively prohibits disclosure of student records.").

See infra "FERPA Enforcement."

See infra "How Does FERPA Interact with Other Legal Requirements?"

20 U.S.C. § 1232g(a)(4)(A).

Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 428 (2002).

Id. at 428. As explained infra, the Court explicitly did not resolve whether FERPA contains a private right of action to bring suit to enforce its provisions in federal court. Id. at 430–31. The Court later held that FERPA did not create a private right of action. Gonzaga Univ. v. Doe, 536 U.S. 273, 276 (2002).

Owasso Indep. Sch. Dist., 534 U.S. at 432.

Id. at 432–33. The Court declined to decide whether FERPA protects grades once they are given to a teacher. See id. at 436 ("For these reasons, even assuming a teacher's grade book is an education record, the Court of Appeals erred, for in all events the grades on students' papers would not be covered under FERPA at least until the teacher has collected them and recorded them in his or her grade book. We limit our holding to this narrow point, and do not decide the broader question whether the grades on individual student assignments, once they are turned in to teachers, are protected by the Act."). It appears that ED and a few lower courts have concluded that FERPA protects grades entered into a gradebook. See What is an Education Record?, ED: Protecting Student Priv., https://studentprivacy.ed.gov/faq/what-education-record [https://perma.cc/5R84-U2FU] (last visited May 8, 2026) ("These records include but are not limited to grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files."); Greenfield v. Newman Univ., Inc., No. 218CV02655DDCTJJ, 2020 WL 2766172, at *2 (D. Kan. May 28, 2020) ("FERPA is intended to protect records" such as "transcripts, test scores, grade information or information related to student academic performance."); Ragusa v. Malverne Union Free Sch. Dist., 549 F. Supp. 2d 288, 293 (E.D.N.Y. 2008) ("[D]ocuments relating to students' grades, evaluations, and academic performance are undoubtedly 'education records' within the meaning of FERPA.").

Owasso Indep. Sch. Dist., 534 U.S. at 432–33.

Id.

20 U.S.C. § 1232g(a)(4)(B)(iii); 34 C.F.R. § 99.3. Klein Indep. Sch. Dist. v. Mattox, 830 F.2d 576, 579 (5th Cir. 1987) ("It cannot be disputed that the statute was enacted to prevent an educational agency or institution from releasing the record of one of its own students. Excluded from FERPA's protections are records relating to an individual who is employed by an educational agency or institution.").

20 U.S.C. § 1232g(a)(4)(B)(i). See What Records Are Exempted From FERPA?, ED: Protecting Student Priv., https://studentprivacy.ed.gov/faq/what-records-are-exempted-ferpa [https://perma.cc/EUM5-VGD6] (last visited May 8, 2026). In addition, medical treatment records for students eighteen years of age or older or in college are not considered education records. To meet this definition, treatment records must be

made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.

20 U.S.C. § 1232g(a)(4)(B)(iv) (emphasis added).

20 U.S.C. § 1232g(a)(4)(B)(ii); 34 C.F.R. § 99.8 (a)(1).

34 C.F.R. § 99.8 (b)(1); see Bauer v. Kincaid, 759 F. Supp. 575, 590 (W.D. Mo. 1991).

34 C.F.R. § 99.8 (b)(2).

Law Enforcement Units, supra note 4, at 15.

Id.

FERPA regulations contain two exceptions that are not explicitly mentioned in the statute. The first is for records of a former student not directly related to the individual's attendance as a student. 34 C.F.R. § 99.3. ED states that this provision simply clarifies that such materials do not qualify as "education records" under FERPA. Family Educational Rights and Privacy, 73 Fed. Reg. 74806, 74811 (Dec. 9, 2008). The second is for student grades from peer-graded papers before recording by the teacher. 34 C.F.R. § 99.3. This regulatory exception reflects the Supreme Court's decision in Owasso Indep. Sch. Dist. No. I-011 v. Falvo, 534 U.S. 426, 428 (2002); see also Family Educational Rights and Privacy, 73 Fed. Reg. at 74811 (explaining changes to FERPA regulations).

20 U.S.C. § 1232g(a)(4)(B)(iii)); 34 C.F.R. § 99.3. Klein Indep. Sch. Dist. v. Mattox, 830 F.2d 576, 579 (5th Cir. 1987) ("It cannot be disputed that the statute was enacted to prevent an educational agency or institution from releasing the record of one of its own students. Excluded from FERPA's protections are records relating to an individual who is employed by an educational agency or institution.").

See Doe v. Mercy Cath. Med. Ctr., 850 F.3d 545, 558–60 (3d Cir. 2017).

Letter from Leroy Rooker, Dir., Fam. Pol'y Compliance Off., to Judith Richter, Off. of the Gen. Counsel, Univ. of Md. Med. Sys. (June 22, 1995), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/Richter%20Medical%20Interns%20and%20Residents%2006_22_1995_508.pdf [https://perma.cc/6QBZ-CWQ4].

Id. at 1.

See Daywalker v. UTMB at Galveston, No. 22-40813, 2024 WL 94297, at *4 (5th Cir. Jan. 19, 2024) ("We disagree and hold that the magistrate judge did not err in applying FERPA to UTMB's medical residents."); Craig v. Yale Univ. Sch. of Med., No. 3:10 CV 1600 JBA, 2012 WL 1579484, at *2 (D. Conn. May 4, 2012); MacKenzie v. Ochsner Clinic Found., No. CIV.A. 02-3217, 2003 WL 21999339, at *4 (E.D. La. Aug. 20, 2003).

20 U.S.C. § 1232g(a)(1)(A). FERPA applies to schools that receive federal financial assistance under an applicable program of ED.

Id. § 1232g(a)(1)(A).

Id. § 1232g(a)(2); 34 C.F.R. §§ 99.20–99.21

34 C.F.R. § 99.7(a). If a school has a policy of disclosing records under the school official exception, the notice must also include the criteria used to determine who qualifies as a school official and "what constitutes a legitimate educational interest." Id. § 99.7(a)(3)(iii).

20 U.S.C. § 1232g(d); 34 C.F.R. §§ 99.3, 99.5.

20 U.S.C. § 1232g(a)(1)(C). The statute provides that the right of access does not extend to letters of recommendation in some situations. The statute has different provisions for letters of recommendation from before January 1, 1975, and after. Compare id. § 1232g(a)(1)(C)(ii) (letters of recommendation written before January 1, 1975, are not subject to student right of access if not used for their original purpose), with id. § 1232g(a)(1)(C)(iii) (student right of access does not apply to certain confidential recommendations if a student has signed a waiver pursuant to 20 U.S.C. § 1232g(a)(1)(D)).

See, e.g., Iowa Code § 279.78 (2026); Ind. Code § 20-33-7.5-2 (2026).

Lee v. Poudre Sch. Dist. R-1, 146 S. Ct. 26 (2025) (mem.) (statement of Alito, J., joined by Thomas, J., and Gorsuch, J., respecting the denial of certiorari) ("Petitioners tell us that nearly 6,000 public schools have policies—as respondent allegedly does—that purposefully interfere with parents' access to critical information about their children's gender-identity choices and school personnel's involvement in and influence on those choices.").

Mirabelli v. Bonta, 146 S. Ct. 797, 806 (2026) (per curiam) (Kagan, J., dissenting).

CRS Legal Sidebar LSB11391, The "Interim Docket" or "Shadow Docket": Non-Merits Matters at the Supreme Court, by Joanna R. Lampe (2026).

Order Granting Plaintiffs' Motion for a Class-Wide Permanent Injunction, Mirabelli v. Olsen, No. 3:23-CV-00768, 2025 WL 3712993 (S.D. Cal. Dec. 22, 2025).

Mirabelli, 146 S. Ct. at 802.

Id. at 802–03.

Id. at 803 (citing Pierce v. Society of Sisters, 268 U.S. 510 (1925), and Meyer v. Nebraska, 262 U.S. 390 (1923)).

DCL from Linda E. McMahon, Sec'y of Educ., Enforcement of the Family Educational Rights and Privacy Act (FERPA) and Protection of Pupil Rights Amendment (PPRA), attach., U.S. Dep't of Educ. (Mar. 28, 2025) [hereinafter ED DCL], https://studentprivacy.ed.gov/sites/default/files/resource_document/file/Secretary_Comb_SPPO_DCL_Annual%20Notice_0.pdf [https://perma.cc/87CH-B3HX].

Id.

Id.

Id.

20 U.S.C. § 1232g(a)(4)(B).

Press Release, ED, U.S. Department of Education Finds California Department of Education Violated Federal Law by Hiding Students' "Gender Transitions" from Parents (Jan. 28, 2026) [hereinafter ED-California Findings Press Release], https://www.ed.gov/about/news/press-release/us-department-of-education-finds-california-department-of-education-violated-federal-law-hiding-students-gender-transitions-parents [https://perma.cc/2PSW-N4Q3]; Press Release, ED, U.S. Department of Education Launches Investigation into California Department of Education for Alleged FERPA Violations (Mar. 27, 2025), https://www.ed.gov/about/news/press-release/us-department-of-education-launches-investigation-california-department-of-education-alleged-ferpa-violations [https://perma.cc/8W6A-L7Y2].

ED-California Findings Press Release, supra note 58.

Id.

Letter from David Schapira, Chief Deputy Superintendent, Chief of Staff, and Ingrid Roberson, Chief Deputy Superintendent, CDE, to Cnty. & Dist. Superintendents & Charter Sch. Adm'rs (Feb. 11, 2026), https://www.cde.ca.gov/nr/fa/yr26cosoltr0211.asp [https://perma.cc/GSR7-Q6LQ].

Press Release, ED, U.S. Department of Education Finds Four Kansas School Districts Violated Federal Law (Apr. 17, 2026), https://www.ed.gov/about/news/press-release/us-department-of-education-finds-four-kansas-school-districts-violated-federal-law [https://perma.cc/LV5E-9MY4].

20 U.S.C. § 1232g(b). FERPA prohibits disclosing "education records" absent consent or a relevant exception. Id. § 1232g(b)(1). But the regulations implementing FERPA permit disclosing records without consent if all PII is removed "provided that the educational agency or institution or other party has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information." 34 C.F.R. § 99.31(b)(1).

20 U.S.C. § 1232g(a)(4)(A).

Id. § 1232g(b)(1), (a)(5)(A).

34 C.F.R. § 99.3.

20 U.S.C. § 1232g(a)(5)(a); 34 C.F.R. § 99.37(a)(1)–(3).

A student's identification number counts as directory information as long as "the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user." 34 C.F.R. § 99.3.

Id. § 99.3; 20 U.S.C. § 1232g(a)(5)(A).

The A-B-C's of Student Directory Information, ED: Protecting Student Priv. (Aug. 3, 2016), https://studentprivacy.ed.gov/training/b-cs-student-directory-information [https://perma.cc/VA6J-EEK8].

Id.

20 U.S.C. § 1232g(b)(1)(C), (b)(3), (b)(5); 34 C.F.R. §§ 99.31(a)(3), 99.35.

34 C.F.R. § 99.31(b)(1).

Id.

The regulations provide that the use and re-disclosure requirements do "not apply to disclosures under §§ 99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense." 34 C.F.R. § 99.33(c).

Id. § 99.33.

Id. § 99.33(a)(1).

Id. § 99.33(a)(2).

Id. § 99.33(b).

20 U.S.C. § 1232g(b)(4)(A). This provision appears to exempt disclosures to school officials from this requirement. Id.; 34 C.F.R. § 99.32(d)(2).

A brief summary of all FERPA exceptions can be found in CRS In Focus IF13155, The Family Educational Rights and Privacy Act (FERPA) and Its Exceptions, by Madeline W. Donley (2026).

20 U.S.C. § 1232g(b)(1)(A); 34 C.F.R. § 99.31. Doe v. Woodford Cnty. Bd. of Educ., 213 F.3d 921, 927 (6th Cir. 2000) ("For these reasons, we find there was no violation of John Doe's rights under the Act. Any disclosure is protected by the [school official and health and safety] exceptions under the Act.").

20 U.S.C. § 1232g(b)(1)(A); 34 C.F.R. § 99.31(a)(1)(i)(A).

34 C.F.R. § 99.31(a)(1)(i).

Id. § 99.33(a)(ii).

See Law Enforcement Units, supra note 4, at 11.

Kala Shah Suprenant, Student Priv. Pol'y Off., ED, FERPA & Virtual Learning During COVID-19 (2020) [hereinafter FERPA & Virtual Learning], https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPAandVirtualLearning.pdf [https://perma.cc/JCF5-N7BL].

Lisa Ward, Data Privacy in the Age of Online Learning, Wall St. J. (Dec. 8, 2020, at 15:02 ET), https://www.wsj.com/articles/data-privacy-in-the-age-of-online-learning-11607457738.

See FERPA & Virtual Learning, supra note 87. Of course, particular states may have their own privacy laws that restrict when information may be disclosed. See, e.g., Conn. Gen. Stat. Ann. §§ 10-234aa–10-234dd (West 2026); see Conn. Exec. Order No. 7I (Mar. 21, 2020) (authorizing the Commissioner of Education to waive student data privacy requirements "in order to provide quality online educational opportunities" during the COVID-19 pandemic), https://portal.ct.gov/-/media/Office-of-the-Governor/Executive-Orders/Lamont-Executive-Orders/Executive-Order-No-7I.pdf [https://perma.cc/Y66B-LMJ2].

Priv. Tech. Assistance Ctr., ED, Protecting Student Privacy While Using Online Educational Services: Requirements and Best Practices, at 4 (2014) [hereinafter Protecting Student Privacy], https://studentprivacy.ed.gov/sites/default/files/resource_document/file/Student%20Privacy%20and%20Online%20Educational%20Services%20%28February%202014%29_0.pdf [https://perma.cc/B4Z8-PGRV].

34 C.F.R. § 99.31(a)(1)(i).

Protecting Student Privacy, supra note 90, at 5.

34 C.F.R. § 99.31(b)(1). The regulations provide that such de-identified information may be disclosed "provided that the educational agency or institution or other party has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information." Id.

Protecting Student Privacy, supra note 90, at 2–3.

Id. at 5.

Id. at 5.

See Law Enforcement Units, supra note 4, at 11. According to ED, an LEU official who is a school or school district employee "generally would be considered a school official to whom the school or district may disclose, without consent, education records (or PII contained in those records), if the law enforcement unit official meets the criteria specified in the school or district's annual notification of FERPA rights to parents and eligible students for being a 'school official' with a 'legitimate educational interest' in the education records." Id.; see 34 C.F.R. § 99.7(a)(3)(iii).

20 U.S.C. § 1232g(a)(4)(B)(ii).

Id. § 1232g(b)(1).

See Law Enforcement Units, supra note 4, at 11.

See supra note 84 and associated text.

34 C.F.R. § 99.31(a)(1)(i)(A).

Id. § 99.31(a)(1)(i)(B)(1).

Id. § 99.31(a)(1)(i)(B)(2).

Id. § 99.31(a)(1)(i)(B)(3).

Law Enforcement Units, supra note 4, at 12.

Id. at 11.

Id. at 15.

Id. at 12.

Id.

Id.

Id.

Id.

Id.; see supra "Health and Safety Emergency Exception."

Law Enforcement Units, supra note 4, at 13.

34 C.F.R. § 99.33.

Law Enforcement Units, supra note 4, at 14.

20 U.S.C. § 1232g(b)(1)(I). Doe v. Woodford Cnty. Bd. of Educ., 213 F.3d 921, 927 (6th Cir. 2000) ("For these reasons, we find there was no violation of John Doe's rights under the Act. Any disclosure is protected by the [school official and health and safety] exceptions under the Act.").

34 C.F.R. §§ 99.31(a)(10), 99.36.

Id. § 99.36(c).

Id.

Id.; see ED, Addressing Emergencies on Campus 4 (2011) [hereinafter Emergency Guidance] ("This is a flexible standard under which the Department defers to school administrators so that they may bring appropriate resources to bear on the situation, provided that there is a rational basis for the educational agency's or institution's decisions about the nature of the emergency and the appropriate parties to whom the information should be disclosed."), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/emergency-guidance.pdf [https://perma.cc/B8RS-46RS].

See Law Enforcement Units, supra note 4, at 17; Emergency Guidance, supra note 122, at 3.

Student Priv. Pol'y Off., ED, FERPA & Coronavirus Disease 2019 (COVID-19), Frequently Asked Questions (FAQs) (2020), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPA%20and%20Coronavirus%20Frequently%20Asked%20Questions_0.pdf [https://perma.cc/T3NP-W2VA]; see also CRS Report R46542, Digital Contact Tracing and Data Protection Law, by Jonathan M. Gaffney, Eric N. Holmes, and Chris D. Linebaugh (2020).

Emergency Guidance, supra note 122, at 3.

34 C.F.R. § 99.32(a)(5).

Emergency Guidance, supra note 122, at 4.

Id. According to ED, "this general rule does not apply where a school official personally learns of information about a student through his or her official role in making a determination about the student and the determination is maintained in an education record." Id.

Id.

20 U.S.C. § 1232g(b)(2)(B); 34 C.F.R. § 99.31(a)(9)(i).

20 U.S.C. § 1232g(b)(2)(B); 34 C.F.R. § 99.31(a)(9)(ii). This provision creates an exception to the parental notification requirement: parental notification is not required "when a parent is a party to a court proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note)) or dependency matters, and the order is issued in the context of that proceeding." 20 U.S.C. § 1232g(b)(2)(B).

See Letter from LeRoy Rooker, Dir., Fam. Pol'y Comp. Ctr., to Leslie Cochran, President, Youngstown Univ. (Feb. 16, 1999), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/youngstownoh.pdf [https://perma.cc/4CEA-G5VT]; Letter from LeRoy Rooker, Dir., Fam. Pol'y Comp. Ctr., to Linda C.T. Simlick, Pinnel & Kingsley (June 22, 1998) [hereinafter Rooker-Simlick Letter], https://studentprivacy.ed.gov/sites/default/files/resource_document/file/california.pdf [https://perma.cc/LZE9-EA75].

Rios v. Read, 73 F.R.D. 589, 598–99 (E.D.N.Y. 1977); see, e.g., U.S. v. Pleau, No. CR 10-184-1 S., 2012 WL 4369302, at *2 (D.R.I. Sep. 24, 2012) (holding former student's privacy interests outweighed by "the government's genuine need" to access education records that were "highly relevant" to the merits and sentencing in a criminal case with the possibility of capital punishment); Davids v. Cedar Falls Cmty. Schs., No. C96–2071, 1998 WL 34112767, *3 (N.D. Iowa Oct. 28, 1998) (holding parent of deceased student's need for disclosure of education records to prove a school had racially disparate discipline policies outweighed privacy interests of students involved). But see Maggard v. Essar Global Ltd., No. 2:12cv00031, 2013 WL 6158403, at *7 (W.D. Va, Nov. 25, 2013).

20 U.S.C. § 1232g(b)(1)(J); 34 C.F.R. § 99.31(a)(9)(ii)(A)-(B).

20 U.S.C. § 1232g(b)(1)(J)(ii) (stating "in which case the court or other issuing agency may order . . . ."). At least one federal district court has held that subpoenas issued by federal executive agencies for law enforcement purposes satisfy this exception. See, e.g, K.E. v. Nat'l Sci. Found., No. 1-15-MC-023 RP, 2015 WL 12734167 (W.D. Tex. Mar. 2, 2015).

20 U.S.C. § 1232g(b)(1)(J)(i); 34 C.F.R. § 99.31(a)(9)(ii)(A).

20 U.S.C. § 1232g(b)(1)(J)(ii); 34 C.F.R. § 99.31(a)(9)(ii)(B).

20 U.S.C. § 1232g(b)(1)(F); 34 C.F.R. § 99.31(a)(6).

20 U.S.C. § 1232g(b)(1)(C), (b)(3), (b)(5); 34 C.F.R. §§ 99.31(a)(3), 99.35.

20 U.S.C. § 1232g(b)(1)(F); 34 C.F.R. § 99.31(a)(6)(i).

Priv. Tech. Assistance Ctr., ED, The Family Educational Rights and Privacy Act: Guidance for Reasonable Methods and Written Agreements 1–2 (2015), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/Guidance_for_Reasonable_Methods%20final_0_0.pdf [https://perma.cc/9DNH-HRQE].

34 C.F.R. § 99.31(a)(6)(iii)(A).

Id. § 99.31(a)(6)(iii)(B).

Id. § 99.31(a)(6)(iii)(C). In particular, the regulations provide that schools enter into a written agreement that:

(1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and (4) Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.

Id.

20 U.S.C. § 1232g(b)(1)(C), (b)(3), (b)(5); 34 C.F.R. §§ 99.31(a)(3), 99.35. Disclosure under this exception may also be made to the Comptroller General of the United States, the Attorney General, and the Secretary of Education. 20 U.S.C. § 1232g(b)(1)(C); 34 C.F.R. § 99.31(a)(3).

20 U.S.C. § 1232g(b)(3), (b)(5); 34 C.F.R. § 99.35.

34 C.F.R. § 99.35(a)(3).

Id. § 99.35(a)(3)(v).

20 U.S.C. § 1232g(b)(1)(E).

Id. § 1232g(b)(1)(E)(ii); 34 C.F.R. § 99.38. The statute has a similar provision for state laws passed before that date. 20 U.S.C. § 1232g(b)(1)(E)(i).

20 U.S.C. § 1232g(b)(1)(E)(ii).

See DOJ, ED, Sharing Information: A Guide to the Family Educational Rights and Privacy Act and Participation in Juvenile Justice Programs 8 (1997), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPAandJuvenileJustice.pdf [https://perma.cc/9YPW-MVLE].

Id. at 8.

Id. at 8–9; 20 U.S.C. § 1232g(b)(1)(E).

20 U.S.C. § 1232g(b)(6). Regulations implementing FERPA provide definitions and examples of these terms. 34 C.F.R. pt. 99, app. A.

20 U.S.C. § 1232g(b)(6)(A).

Id. § 1232g(b)(6)(B).

Id. § 1232g(b)(6)(C).

Id. § 1232g(b)(6)(C)(ii).

Id. § 1094(a)(26).

Id.

20 U.S.C. § 1232g(a)(1), (b)(1).

Id. § 1232g(f)–(g).

FERPA regulations refer to the Office of the Chief Privacy Officer. 34 C.F.R. § 99.60. The ED website indicates that the Student Privacy Policy Office is led by the Chief Privacy Officer. Student Privacy Policy Office, ED (Jan. 14, 2026), https://www2.ed.gov/about/offices/list/opepd/sppo/index.html [https://perma.cc/C3HY-X799].

34 C.F.R. § 99.66(b).

Id. § 99.66(c).

Id. § 99.67(a); see id. § 99.60(c) (designating the Office of Administrative Law Judges as the Review Board authorized to enforce the Act).

See, e.g., United States v. Miami Univ., 294 F.3d 797, 812 (6th Cir. 2002) (affirming a district court decision that granted an injunction brought by the United States against a university from releasing records in violation of FERPA).

See supra "Parental Access to Information About Students' Gender Identity at School."

20 U.S.C. § 1681; see Cannon v. Univ. of Chi., 441 U.S. 677, 717 (1979), abrogation recognized by Medina v. Planned Parenthood S. Atl., 606 U.S. 357 (2025).

Girardier v. Webster Coll., 563 F.2d 1267, 1276 (8th Cir. 1977); Gonzaga Univ. v. Doe, 536 U.S. 273, 278 (2002) (noting that the lower court "acknowledged that 'FERPA itself does not give rise to a private cause of action'" (quoting Doe v. Gonzaga Univ., 24 P.3d 390, 400 (Wash. 2001))).

Gonzaga Univ., 536 U.S. at 276.

Id. at 290.

Elementary and Secondary Education Act of 1965, Pub. L. No. 89-10, 79 Stat. 27. The Every Student Succeeds Act reauthorized the ESEA. See Pub. L. No. 114-95, 129 Stat. 1802 (2015) (codified as amended in scattered sections of 20 U.S.C.).

20 U.S.C. § 7908(a)(1).

Id. § 7908(a)(2). When a student turns eighteen, the consent required of parents transfers to the student. Id. § 7908(a)(5).

10 U.S.C. § 503(c)(1).

Id. § 503(c)(6). The DOD-specific statute also applies to local educational agencies that receive assistance under the ESEA, but defines local educational agencies as (1) local educational agencies within the meaning of the term under the ESEA and (2) private secondary schools. Id. § 503(c)(6). By contrast, the ESEA defines local educational agencies as primarily "public" entities. 20 U.S.C. § 7801(30)(A).

10 U.S.C. § 983(b)(2)(A)–(B).

20 U.S.C. § 1681.

Id. § 1681. While ED's Student Privacy Office enforces FERPA, Title IX's requirements for educational programs receiving federal financial assistance from ED are enforced by the Office for Civil Rights. See About OCR, ED (Apr. 11, 2025), https://www2.ed.gov/about/offices/list/ocr/aboutocr.html [https://perma.cc/2QJ7-8DJS].

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. 30026 (May 19, 2020) (codified at 34 C.F.R. pt. 106). These provisions are similar to those included in regulations implementing the Clery Act. 34 C.F.R. § 668.46(k). The Clery Act provisions apply to institutions of higher education who participate in Title IV of the Higher Education Act's student financial assistance programs. CRS In Focus IF12597, The Clery Act, as Amended by the Stop Campus Hazing Act, by Jared P. Cole and Adam K. Edgerton (2025). The procedural requirements for disciplinary actions cover cases of alleged dating violence, domestic violence, sexual assault, and stalking. 34 C.F.R. § 668.46(k). The Clery Act regulations also provide that compliance with those requirements does not violate FERPA. Id. § 668.46(l).

34 C.F.R. § 106.45(b)(5)(vi) (2020).

Id. § 106.45(b)(5)(iv).

Id. § 106.45(b)(5)(vii).

Id. § 106.45(b)(7).

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 89 Fed. Reg. 33474 (Apr. 29, 2024).

Tennessee v. Cardona, 762 F. Supp. 3d 615, 627 (E.D. Ky. 2025), as amended (Jan. 10, 2025).

DCL from Craig Trainor, Acting Assistant Sec'y for C.R., ED (Feb. 4, 2025), https://www.ed.gov/media/document/title-ix-enforcement-directive-dcl-109477.pdf [https://perma.cc/Y6VB-WZA4].

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. 30026, 30424, 30426 (May 19, 2020) ("The Department disagrees that § 106.45(b)(5)(v) [of Title IX-implementing regulations] inherently or directly conflicts with FERPA. A recipient should interpret Title IX and FERPA in a manner to avoid any conflicts.").

Id. at 30426 ("To the extent that there may be unusual circumstances, where a true conflict between Title IX and FERPA may exist (such as a student's formal complaint against an employee), the Department includes a provision in § 106.6(e) to expressly state that the obligation to comply with these final regulations under Title IX is not obviated or alleviated by the FERPA statute or regulations.").

20 U.S.C. § 1221(d).

34 C.F.R. § 106.6(e).

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. at 30421.

See Doe v. Purdue Univ., 928 F.3d 652, 656 (7th Cir. 2019); Doe v. Miami Univ., 882 F.3d 579, 603 (6th Cir. 2018).

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. at 30422.

While due process requirements generally apply to public entities, such as a state school, ED has applied its reasoning to recipient private schools as well. Id. at 30421–22.

Id. at 30433; see 20 U.S.C. § 1232g(a)(1).

20 U.S.C. § 1232g(a)(4)(A).

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. at 30433.

See supra "FERPA Enforcement."

Nondiscrimination On the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 85 Fed. Reg. at 30428.

Rios v. Read, 73 F.R.D. 589, 597 (E.D.N.Y. 1977) (quoting 120 Cong. Rec. 39862 (1974) (joint remarks of Sen. Buckley and Sen. Pell)).

Id. at 597–98 (quoting 121 Cong. Rec. 13990 (1975) (remarks of Sen. Buckley)).

Id. at 598–99 (quoting 121 Cong. Rec. 13990 (1975)).

H.R. Rep. No. 93-1211, at 187 (1974) (Conf. Rep.).

Id.

See supra "Parental Access to Information About Students' Gender Identity at School."

Mirabelli v. Bonta, 146 S. Ct. 797, 802 (2026) (per curiam).

See ED DCL, supra note 53.

Sch. Superintendents Ass'n, FAQs on Immigration and Enforcement Policy in 2025 (2025), https://www.aasa.org/docs/default-source/resources/fact-sheet/faqs-on-immigration-enforcement-policy-in-2025.pdf [https://perma.cc/95LY-4NYF].

Compare 8 U.S.C. § 1225(d)(4) (authorizing issuance of administrative subpoenas pursuant to immigration enforcement) with 20 U.S.C. § 1232g(b)(2)(A) (allowing, but not requiring, disclosure of student records in response to a lawfully issued subpoena).

Rooker-Simlick Letter, supra note 132.

D.C. Off. of the Att'y Gen., Answers to Frequently Asked Questions About Immigration Enforcement in Schools (2025), https://oag.dc.gov/sites/default/files/2025-01/2025.01.24%20School%20Immigration%20Guidance%20-%20English.pdf [https://perma.cc/KK84-76QF]; Ill. State Bd. of Educ., Non-Regulatory Guidance on the Safe Schools for All Act and Immigration Enforcement Actions (2025), https://www.isbe.net/Documents/Immigration-Enforcement-Guidance.pdf [https://perma.cc/LY4H-HNDG]; Information Regarding Recent Immigration-related Actions, N.Y. State Educ. Dep't, https://www.nysed.gov/bilingual-ed/information-regarding-recent-immigration-related-actions [https://perma.cc/UG26-7JAH] (last visited May 29, 2026); Rob Bonta, Promoting a Safe and Secure Learning Environment for All: Guidance and Model Policies to Assist California's TK-12 Schools in Responding to Requests for Access and Information for Immigration Enforcement Purposes (2025), https://oag.ca.gov/system/files/media/school-guidance-model-k12.pdf [https://perma.cc/Q6TA-ZLYG]; Mass. Exec. Off. of Educ., Recommendations For Entities Providing Education and Child Care Services Related to Interacting with Federal Immigration Officers (2026), https://www.mass.gov/doc/recommendations-for-entities-providing-education-and-child-care-services-related-to-interacting-with-federal-immigration-officers/download [https://perma.cc/W3D4-HS39].

8 U.S.C. § 1225(d)(4).

United States v. Delaware Dep't of Lab., No. MC 25-322-CFC, 2026 WL 984215, at *3 (D. Del. Apr. 13, 2026).

20 U.S.C. § 1232g(b)(2)(A).

Parental Rights Relief Act, H.R. 6860, 119th Cong. (2025).

Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992).

Spokeo Inc. v. Robins, 578 U.S. 330, 341 (2016).

TransUnion LLC v. Ramirez, 594 U.S. 413, 424 (2021) (quoting Spokeo, 528 U.S. at 341).

Id. at 424.

Id. at 424–25.