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Uninterrupted Scholars Act

The Uninterrupted Scholars Act (USA) was signed into law on January 14th, 2013. The Act makes key revisions to the Family Educational Rights and Privacy Act (FERPA), making it easier for child welfare agencies to access educational records. The Act creates a new exception under FERPA that authorizes an agency caseworker or other representative of a State or local child welfare agency or tribal organization to have access to the student’s educational records without having to obtain parental consent or a court order. 

USA also eliminates the requirement that education agencies notify parents before education records are released pursuant to a court order to any individual, when the parent is a party to the case where that order was issued. 

  • Frequently Asked Questions on the amendments to FERPA by the Uninterrupted Scholars Act - This document contains a letter from the US Department of Education to Chief State School Officers, providing guidance to states on the changes to FERPA by the recently passed Uninterrupted Scholars Act. FAQs are grouped into the following categories: (1) General Requirements, (2) Requirements for State Education Agencies, (3) Individuals With Disabilities Education Act, and (4) Scenarios.

  • Uninterrupted Scholars Act Memo - Oregon Department of Education and Oregon Department of Human Services joint guidance to local education agencies and child welfare offices.

  • Uninterrupted Scholars Act Fact Sheet - Information out of the Legal Center for Foster Care and Education on how recent changes to FERPA help child welfare agencies get access to school records.

  • FERPA and HIPAA - Joint guidance from the US Department of Health and Human Services and US Department of Education on the application of FERPA and HIPAA to student health records.

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