Department of Education

Office of the Secretary

200 Administration and Operations

251 Family Educational Rights and Privacy Act (FERPA)

1.0 Authority and Incorporation of Federal Regulations

The Department of Education ("Department") is authorized by14Del.C.§4111,to adopt rules and regulations regarding the educational records of students in public and private schools in Delaware. This regulation is intended to govern access to, the confidentiality of, and the amendment of educational records in a manner consistent with the Family Educational Rights and Privacy Act or FERPA, 20 U.S.C. 1232g, and its implementing regulations at 34 CFR part 99, and the Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq. and its implementing regulations.

2.0 Use and Adoption of FERPA by School Districts, Charter Schools, and Private Schools

1. 2.1 Each school district, charter school, and private school shall develop, adopt, and maintain a written policy regarding the educational records of its students.

2. 2.2 The policy must comply with FERPA and its implementing regulations and include at minimum:

   1. 2.2.1 The point of contact for the district on FERPA requests;
   2. 2.2.2 Who can access and review the educational records;
   3. 2.2.3 What educational records may be reviewed;
   4. 2.2.4 What documentation must a requestor provide to review educational records.
3. 2.3 Each school district, charter school, and private school shall periodically review and revise its policy on educational records to ensure continued compliance with FERPA.
4. 2.4 Nothing in this regulation shall preclude a school district, charter school, or private school from adopting additional policies regarding educational records so long as those regulations are consistent with FERPA. Nothing in this regulation shall alter a school district’s or a charter school’s duties regarding educational records of children with disabilities pursuant to the Individuals with Disabilities Education Act.

3.0 State Adoption of FERPA

1. 3.1 Except as otherwise provided, the Department of Education adopts the federal regulation implementing FERPA (34 CFR part 99), including any subsequent amendment or revision to that regulation, to the extent the Department maintains educational records on students in attendance in Delaware schools.
2. 3.2 Notwithstanding subsection 3.1, and except as noted in this regulation, the Department shall not be required to annually notify parents or eligible students of their rights under FERPA or this regulation. School districts, charter schools, and private schools shall continue to be responsible for this notification. The Department may also disclose directory information from the educational records it maintains without prior public notification.
3. 3.3 The Department shall annually notify parents or eligible students of their rights under FERPA or this regulation where the student is in the Delaware Department of Correction system and receiving educational services through the Department's Prison Education Program.
4. 3.4 Notwithstanding subsection 3.1, and except as noted in this regulation, the Department shall not be required to provide a hearing to a parent or eligible student seeking to amend their educational records as provided in Subpart C of the FERPA regulation.
5. 3.5 The Department shall provide a hearing to a parent or eligible student seeking to amend their educational records as provided in Subpart C of the FERPA regulation where the student is in the Delaware Department of Correction system and receiving educational services through the Department's Prison Education Program.

23 DE Reg. 645 (02/01/20)

29 DE Reg. 514 (12/01/25)

23 DE Reg. 645 (02/01/20)

29 DE Reg. 514 (12/01/25)

14 DE Reg. 27 (07/01/10)

23 DE Reg. 645 (02/01/20)

29 DE Reg. 514 (12/01/25)

8 DE Reg. 1112 (02/01/05)

14 DE Reg. 27 (07/01/10)

23 DE Reg. 645 (02/01/20)

29 DE Reg. 514 (12/01/25)