POLICY LETTER: July 30, 2002 to Pennsylvania Assistant Director of Special Education John Tommasini

Dated: July 30, 2002Mr. John J. TommasiniAssistant DirectorBureau of Special EducationPennsylvania Department of Education333 Market StreetHarrisburg, Pennsylvania 17126-0333Dear Mr. Tommasini:This is in response to your April 25, 2002, letter to this Office in which you request guidance under the Family Educational Rights and Privacy Act (FERPA). Specifically you ask whether FERPA allows the Pennsylvania Department of Education (PDE) to share findings in complaints filed under Part B of the Individuals with Disabilities Education Act (IDEA) with complainants who are not the parent or guardian of the student to whom the complaint relates. This Office administers FERPA and is responsible for providing technical assistance under that statute.You explain in your letter that as the cognizant State education agency (SEA) under the IDEA State complaint procedure, PDE is required to have procedures for an organization or individual to file a signed written complaint that must include the facts upon which the allegation is raised. 34 CFR 300.660-662. IDEA regulations provide that within 60 days of receipt of a complaint the SEA must issue a written decision addressing each allegation and containing findings of fact, conclusions, and reasons for the SEA's decision. PDE's practice has been to issue a written complaint report to both the local education agency (LEA) and the complainant. Your letter notes that PDE's complaint findings contain personally identifiable information about a student subject to the confidentiality and privacy protections of IDEA and FERPA.Based on guidance regarding IDEA State complaint procedures issued by the Department's Office of Special Education Programs (OSEP) on July 17, 2000, PDE wishes to establish new procedures for complaints from non-parents under Part B. You expressed doubt whether redacting information about a student's identity would satisfy FERPA requirements and ask whether this Office agrees with your conclusion that in order to comply with both IDEA and FERPA, PDE mSincerely,/s/LeRoy S. RookerDirectorFamily Policy Compliance Officecc:Stephanie LeeDirector, OSEPPage PAGE 2 - Mr. John J. Tommasini