Dear Client:
Last month, the Education Department published a letter clarifying an institution's responsibility for releasing student data under Freedom of Information Act (FOIA) requests. The full letter is available at www.ifap.ed.gov, Letters and Bulletins, Dear Colleague Letters, General, GEN-07-05.
If you do not deal with these types of requests, you might want to pass the information along to the appropriate person or office on your campus.
The Federal FOIA applies only to federal agencies and their employees. Institutions that participate in Title IV programs are not subject to the Federal FOIA and are not required to release any student information under that law.
Regardless of any request for information, an institution must comply with FERPA (Federal Family Educational Rights & Privacy Act). An institution may not release personally identifiable information from a student's records without his/her prior consent. A few exceptions apply, but FIOA is not one of them. FERPA does not require an institution to actively seek a borrower's consent to release information in order to comply with a request for information.
Questions regarding the issues discussed in the Dear Colleague Letter may be sent to Michelle Belton at the Education Department, 202-502-7821 or michelle.belton@ed.gov.
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