In a December 1, 2011 press release, the U.S. Department of Education (ED) announced the finalization of its regulations to protect student and family privacy rights while providing state and local education agencies the flexibility to share student data consistent with governmental objectives to improve education outcomes for students. The Family Educational Rights and Privacy Act (FERPA) and supporting regulations protect the privacy of personally identifiable information contained in education records by requiring the education agency to obtain written consent from the parent or eligible student prior to disclosing such information. However, ED acknowledges the increasing governmental interest in monitoring students' academic performance from pre-kindergarten through post-high school and the expediency of sharing student information without obtaining prior consent when specified safeguards are met. According to the press release, the regulations will “help policymakers determine if state and federally funded education programs are adequately preparing children for success in the next stage of life, whether that is kindergarten or the workforce.”

The final regulations, originally proposed on April 8, 2011, were published in the Federal Register on December 2nd at FR Vol. 76, No.232 and will become effective on January 3, 2012.  According to the Preamble, the final regulations will reduce barriers that have inhibited the effective use of statewide longitudinal databases by clarifying access while strengthening accountability for protecting personally identifiable information from students’ education records.