The final months of 2008 included two important developments regarding the Family Educational Rights Privacy Act (FERPA). In December, the U.S. Department of Education (ED) published a Final Rule adopting several changes to its FERPA regulations at 34 C.F.R. Part 99. The Final Rule contains many of the revisions included in ED’s Notice of Proposed Rulemaking (Proposed Rule) issued in March 2008, and modifies or retracts other aspects of the Proposed Rule. In addition, ED and the U.S. Department of Health and Human Services jointly issued long-awaited guidance regarding the relationship between FERPA and the Heath Insurance Portability and Accountability Act (HIPAA) Privacy Rule.
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