Information Bulletin #4 - Family Educational Rights and Privacy Act changes HR 2732 - SB1562 11/03/2003



Did you know that: The government should not have access to any records of any homeschooler and parents should not encourage such practices by merely "clarifying" existing laws.


We should work to eliminate such laws. Why should laws exist that allow public school officials or government officials of any kind to retain records of children in "non-public schools"? If the "schools" are "non-public" shouldn't the records also be "non-public"? Why allow insertion of any language in a federal bill purporting to prevent the "release" of these records without the consent of the parents? If the bill purports not to "require" educational institutions to maintain records of non-public students, then why is there any need to make sure that those agencies don't release those records without the consent of the parents?


The changes requested by HR2732/SB1562 can be interpreted as granting the federal government the right to regulate the dissemination of information concerning homeschooled students when the federal government has no constitutional right to do so. The proposed legislation now inserts a provision in this law applicable to homeschoolers. It is wholly unnecessary and has the potential for unwanted consequences such as federal regulation and federal litigation that may prove detrimental to all homeschoolers.


It can be argued that any parents of a child whose records are held by an agency or institution that receives federal funding is already able to access records, correct them, and give or refuse consent under the existing law. No other changes are necessary.

Federal legislation that is being considered (HR2732/SB1562) which will make changes to FERPA (Family Educational Rights and Privacy Act of 1974) is totally unnecessary!



Attorney Deborah Stevenson - Executive Director of National Home Education Legal Defense. or email :

Judy Aron - Director of Research, NHELD