P. O. BOX 2120




February 28, 2003


TO: Division Superintendents


FROM: Jo Lynne DeMary

Superintendent of Public Instruction


SUBJECT: New Requirements of the No Child Left Behind Act of 2001
          Concerning the Family Educational Rights and Privacy Act and
          the Protection of Pupil Rights Amendment



This memorandum is a follow up to correspondence addressed to superintendents, dated February 7, 2003, from LeRoy S. Rooker, director of the Family Policy Compliance Office, U.S. Department of Education. Mr. Rookers letter provided notice of the general requirements placed on local educational agencies by the No Child Left Behind Act of 2001 (NCLB) that affect the Family Educational Rights and Privacy Act (FERPA) and the Protection of Pupil Rights Amendment (PPRA). The letter also provides guidance for meeting the new requirements. A copy of the letter and its attachments can be retrieved at the Family Policy Compliance Offices website ( (See Hot Topics menu.)


Changes to the NCLB Act that relate to the disclosure of disciplinary records are not new to FERPA. The NCLB Act requires that each state have a procedure in place to facilitate the transfer of disciplinary records with respect to a suspension or expulsion, by local educational agencies to any private or public elementary school or secondary school for any student who is enrolled or seeks, intends, or is instructed to enroll, on a full or part-time basis, in the school. FERPA specifically provides that an educational agency or institution may disclose education records, including disciplinary records, without parental consent, to a school in which the student seeks or intends to enroll; however, the educational agencys annual notification must include notice that the agency forwards education records requested by other educational agencies in which the student seeks or intends to enroll. Section 22.1-289 of the Code of Virginia is consistent with this requirement.

The NCLB Act also requires local educational agencies to adopt policies in consultation with parents that address the requirements of the Protection of Pupil Rights Amendment (PPRA), and provide parents and students annual notice of their rights. PPRA is a federal law found in Section 439 of the General Education Provisions Act (20 U.S.C. 1232g). Section 439 affords parents and students who are 18 years of age or are emancipated minors eligible students certain rights regarding a schools conduct of specific surveys, collection and use of information for marketing purposes, and certain physical exams.


Through this memorandum, division superintendents are asked to review their school divisions annual notifications to parents and eligible students of their rights required by FERPA and PPRA for the 2002-2003 school year. Model notices (Notification for LEA Officials, Notice for Directory Information, and PPRA Notice and Consent/Opt-out for Specific Activities) are available for school officials use at the Family Policy Compliance Offices website. Please send copies of your annual FERPA and PPRA notifications for compliance review to Sandra E. Ruffin, Educational Accountability, Virginia Department of Education, P.O. Box 2120, Richmond, Virginia 23218-2120 no later than April 1, 2003.


Thank you for your attention to these requirements. For further information, please contact Mrs. Sylinda Gilchrist (, education specialist for school guidance, at (804) 786-9377, or Ms. Sandra E. Ruffin (, director for federal program monitoring, at (804) 225-2768.