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Thursday, November 7, 2024

Senator Cassidy seeks transparency from Department of Education on student privacy complaint delays

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Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

Bill Cassidy - Ranking Member of the Senate HELP Committee | Official U.S. Senate headshot

On July 16, 2024, U.S. Senator Bill Cassidy (R-LA), the ranking member of the Senate Health, Education, Labor, and Pensions (HELP) Committee, sought detailed information from the Department of Education (DeptEd) regarding its handling of Family Education Rights and Privacy Act (FERPA) complaints. These complaints often involve unauthorized releases of sensitive student information.

Under FERPA, parents or students can file a complaint with DeptEd if they believe that a school or local education agency has violated their rights to control the release of sensitive information in educational records. A 2018 report by the DeptEd Office of Inspector General (OIG) identified a significant backlog in processing these complaints, with some placed into "indefinite inactive status" due to unresolved policy questions. A follow-up report in 2022 indicated that these issues remain unresolved.

In May this year, DeptEd announced plans to address these policy issues through new regulations expected to be finalized by 2027. In response, Cassidy requested more information on efforts to reduce the backlog and assist affected students and families.

"It is concerning to hear of DeptEd’s delays in processing privacy complaints," wrote Dr. Cassidy. "Congress needs complete knowledge of DeptEd’s FERPA efforts to ensure that the law is working as intended and privacy concerns are addressed in a timely manner."

Cassidy's letter addressed several key points:

- The need for additional details on how many FERPA complaints have been received and resolved since January 1, 2018.

- Information on unresolved complaints awaiting decisions.

- Clarification on how many complaints are pending due to unresolved policy questions.

- Records related to developing a list of policy issues impeding investigations.

- An explanation of how planned regulations will resolve outstanding issues by 2027.

- Updates on whether a new Case Management Tracking System described in OIG's reports is operational.

- Status updates on any changes made to SPPO's standard operating procedures.

These requests aim to ensure transparency and accountability within DeptEd's handling of FERPA-related matters.

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