New York State Education Department
Identity Verification and Authorization to Access or Disclose
Confidential Education Information Regarding Pre-School,
Elementary, Secondary, and Post-Secondary Education
Instructions
The purpose of this Identity Verification and Authorization is to establish the identity and authorization
of an individual who seeks access to confidential education information, or who requests disclosure/release of
such confidential education information. Such a request for access, disclosure or release most commonly will
be submitted to the New York State Education Department (“Department”) through the Family Educational
Rights and Privacy Act of 1974 (“FERPA”), the New York State Freedom of Information Law (“FOIL”) or the
New York State Personal Privacy Protection Law (“PPPL”), and the Education Law §2-d.
FERPA is a federal law that establishes the rights of students and parents with regard to access and
disclosure of education records, and ensures privacy and confidentiality with respect to those records.
Likewise, the Individuals with Disabilities Education Act (“IDEA”) is a federal law governing educational
services to children with disabilities, which also emphasizes rights of privacy and confidentiality with respect to
many special education records (34 CFR §300.610). FOIL provides a presumption of public access to records
held by State and local government entities, but provides protection from access to certain confidential
information unless a person is specifically authorized to receive such information. Similarly, PPPL allows a
person to request personal information that has been collected by an agency and pertains to that person (Public
Officers Law §95). Education Law §2-d(g) also allows for parents to inspect and review specific educational
records for their child.
This form is provided as a means for eligible students, parents, guardians and other persons in a parental
relationship to establish their identity and relation to the subject of the confidential records and to give the
Department permission to release or disclose educational records. An “eligible student” is an individual seeking
educational information about him/herself who has reached 18 years of age or attends a postsecondary
institution (34 CFR §99.3), or, if the student is currently receiving special education services, is over the age of
18 and the parent/guardian’s rights under IDEA have been transferred to the student. FERPA requires the
Department to use “reasonable methods to identify and authenticate” the identity of those seeking “personally
identifiable information from education records” (34 CFR §99.31[c]). FOIL and PPPL also require a person
who seeks access to confidential records pertaining to him/herself to present reasonable proof of identity or
consents in writing to the disclosure of such record (Public Officers Law §89[2][c]).
Pursuant to your inquiry about, or request to disclose, protected education records, you are being asked
to provide the following information to the Department to confirm your identity and establish your eligibility to
receive or direct disclosure of such records. This form must be completed and notarized in order for the
Department to comply with any request or inquiry for the disclosure of protected educational record(s),
information or data.