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Written by: Shelley Rodgers
Published: 07/28/2003 New FERPA E-Sign Regulation Published
The U.S. Department of Education’s Family Policy Compliance Office (FPCO) published a new proposed rule on the use of electronic signatures in the Federal Register today, July 28. The proposed rule provides general guidelines on the use of electronic means through which educational institutions can document compliance with the written requirements of the Family Educational Rights and Privacy Act (FERPA). Interested parties have until September 26, 2003 to submit comments on the proposed rules.
According to the new proposal, §99.30(d) of FERPA--which currently requires “signed and dated” written consent for disclosure of personally identifiable information from education records--would be revised to allow educational agencies and institutions to meet the requirements with electronic communications means. Specifically, the proposed amendment adapts concepts contained in federal law to help ensure that FERPA’s privacy protections are not compromised when records are disclosed pursuant to electronic communications. The new proposal states:
“FERPA is technology-neutral with respect to how to meet disclosure and signature requirements. In cases where FERPA requires a signed and dated written consent under §99.30 for a disclosure, such as issuance of a transcript to an employer, the proposed regulations specify that an agency or institution may accept electronic consents and signatures when reasonable security is provided for the process.”
The proposed rule stipulates that allowable electronic consent must:
- Establish a reasonable way to identify the individual and authenticate the identity of the particular eligible student or parent as the source of the electronic message or record requesting access or consenting to the disclosure of education records;
- Attribute the electronic signature to the unaltered message or document to prevent repudiation by the sender;
- Verify the integrity of the signed message or document in transmission and upon receipt; and
- Document and record the signed electronic message.
The FPCO is careful to point out that the proposed amendment to §99.30 constitutes only general guidance for the use of electronic communications in meeting certain FERPA requirements and does not specify desired methods. It further states that while agencies and institutions are not limited to any particular technology or method, the Department considers electronic signature standards established under the Federal student loan programs to satisfy the written consent requirement in FERPA.
All interested parties are asked to submit their comments to the FPCO not later than September 26, 2003. Comments may be electronically submitted to FERPA.Comments@ED.Gov or mailed to LeRoy Rooker, U.S. Department of Education, 400 Maryland Ave., SW, Room 2W119, Washington, DC 20202-4605.
AACRAO plans to submit comments on behalf of its membership, and would welcome comments from member institutions on the proposed regulations. Please submit comments to Shelley Rodgers at Rodgerss@aacrao.org .
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