Generally, GaDOE does not give the LEAs legal guidance on practices or interpretation of FERPA (this is managed locally). The Code of Federal Regulations, section 34 C.F.R. 300.505, lists the documents that require a parent to “elect” to receive specific documents electronically (i.e., Prior Written Notice (PWN), Parental Rights, and Due Process Hearing requests). Outside of those specific documents, there is no requirement for a parent to first make an election before documents are submitted electronically. However, if the LEA is using an IEP or an Eligibility report to serve as the PWN, then a parent would have to “elect” to receive those documents electronically. 


However, it is not the recommendation of GaDOE that LEAs send Special Education documents electronically even if parental permission is received unless the document is password protected. LEAs should offer an alternative delivery method to the parent. If the LEA’s local decision is to send documents electronically, there are various ways to protect them. The document should be encrypted with a password and sent in one email and the password sent in a separate email or provided directly to the parent. It is important that no Personally Identifiable Information (PII) such as the student’s name, GTID, or local ID is included in the body or subject of the email. The best recommendation, to be compliant with FERPA, would be to share documents with a specific person using a secure online platform such as OneDrive or Google Drive.