Privacy of Student Records

This fact sheet briefly explains what educational information pertaining to homeless students can be shared, with whom, and under what circumstances, consistent with the Family Educational Rights and Privacy Act (FERPA) and the McKinney-Vento Act.

This Guidance from the Family Policy Compliance Office (FPCO) at the U.S. Department of Education, “Family Educational Rights and Privacy Act (FERPA) and the Disclosure of Student Information Related to Emergencies and Disasters,” includes information that can help unaccompanied youth and their caregivers in accessing student educational records. The Guidance clarifies in question 3 that caregivers can access a student’s educational records, even if they are not legal guardians and are not related to the student. The Guidance also explains in questions 5 and 6 that schools can give unaccompanied youth full access to their own records, even when they are under 18. (After they turn 18, students also have the right to access their records.)

NCHE Brief

This issue brief from NCHE provides helpful information on what to do and what not to do when determining if a student is eligible for services under McKinney-Vento. Please note: with the reauthorization of McKinney-Vento under the Every Student Succeeds Act (ESSA), which went into effect on October 1, 2016, there are stronger privacy protections relating to the confidentiality of address information for students in temporary housing.

This link provides the full text of the federal regulations about the Family Educational Rights and Privacy Act (FERPA).

The McKinney-Vento Homeless Education Assistance Act is a federal law that protects the public education of children and youth experiencing homelessness. The text attached here is the latest version of the law since it was reauthorized on December 10, 2015 by Title IX, Part A of the Every Student Succeeds Act (ESSA).

United States Department of Education

On March 2, 2017, the U.S. Department of Education (DOE) revised the Non-Regulatory Guidance for the Education for Homeless Children and Youths Program. This revised Non-Regulatory Guidance replaces the July 2016 Guidance and includes new questions and answers on the amendments to the McKinney-Vento Act made by the Every Student Succeeds Act (ESSA), which took effect on October 1, 2016, and new technical assistance on promising practices for implementing homeless education requirements at the State and local levels.

United States Department of Education

A Non-Regulatory Guidance factsheet and addendum to the Non-Regulatory Guidance regarding Title I set-asides for students experiencing homelessness was published in July 2018 by the U.S. DOE.

Supporting students in temporary housing often involves collaboration between school staff, service providers, and other professionals. This collaboration must be sensitive to student privacy rights and must not create barriers to student identification, enrollment, or retention in school. This issue brief and two-pager from SchoolHouse Connection outline what educational information pertaining to students experiencing homelessness can be shared, with whom, and under what circumstances, as per FERPA and the McKinney-Vento Act. The full-length brief also provides best practices and tips collected from school districts across the country.

Supporting students in temporary housing often involves collaboration between school staff, service providers, and other professionals. This collaboration must be sensitive to student privacy rights and must not create barriers to student identification, enrollment, or retention in school. This issue brief and two-pager from SchoolHouse Connection outline what educational information pertaining to students experiencing homelessness can be shared, with whom, and under what circumstances, as per FERPA and the McKinney-Vento Act. The full-length brief also provides best practices and tips collected from school districts across the country.

You can view these resources on SchoolHouse Connection’s website.

United States Department of Education

The U.S. Department of Education Student Privacy Website has information for students, parents, and school officials about the obligations and rights of the Family Educational Rights and Privacy Act (FERPA). The site includes a Frequently Asked Questions section and an Ask a Question option.

NYS-TEACHS

This tip sheet from NYS-TEACHS provides information about when it is appropriate to share a student’s housing information with school/district staff. It also provides tips for “how” to share that information while still respecting the student’s privacy.