STRIDE - DoD/DoW Privacy, Student Records & Freedom of Information (FOIA)

DoD/DoW Privacy, Student Records & Freedom of Information (FOIA)

Understanding your rights to access government information and protect personal records is an essential part of informed advocacy. This section provides access to Department of Defense/Department of War (DoD/DoW) privacy regulations, policies, Systems of Records Notices (SORNs), Freedom of Information Act (FOIA) guidance, and resources addressing educational records, personally identifiable information (PII), and confidentiality.

Families can use these resources to understand how DoD/DoW and DoDEA/DoWEA collect, maintain, use, disclose, and protect personal information; identify records they may be entitled to access; and navigate requests for student educational records, government documents, and corrections to personal information.

How Resources Are Organized

Resources are organized by their relevance to military-connected families, practical application, and frequency of reference rather than publication date. Documents commonly used in educational planning, special education, and school procedures may appear before newer publications.

The order of resources does not indicate legal authority, current status, or applicability. Readers are encouraged to review relevant documents and verify their current status with the issuing authority.

Click each heading to access the resource, notes and commentary on the resource, or access the instant downloadable pdf.

DoDEA Educational Records Chapter 26 SORN (System of Records Notices).pdf

DoDEA 26 – System of Records Notice (SORN): Department of Defense Education Activity Educational Records (April 29, 2011)

A System of Records Notice (SORN) is a public notice required under the Privacy Act of 1974 that identifies categories of personal information maintained in a federal agency's system of records. It explains what information is collected, why it is maintained, how it may be used or disclosed, and procedures for accessing or requesting corrections to records.

DoDEA 26 is particularly important for military families because it identifies categories of student educational records maintained by DoDEA, including academic records, special education evaluations and IEPs, Section 504 plans, disciplinary records, health information, teacher notes, parent correspondence, related service-provider reports, and administrative records. It also addresses record retention, disclosure, and access procedures.

Families can use this notice as a reference when requesting their child's educational records, identifying documents that may be missing from a records response, understanding privacy protections, and determining how to request access to or correction of information.

When requesting records, families are encouraged to mirror the terminology, document names, and categories identified in the SORN to help clearly communicate the scope of their request and identify records that might otherwise be overlooked. This resource is especially useful when preparing for IEP meetings, reviewing special education services, investigating compliance concerns, or navigating educational disputes.

Learn more about SORNs here: SYSTEM OF RECORD NOTICES (SORNS)

2020.08.12 DoDI 5400.11 DoD Privacy and Civil Liberties Programs.pdf

DoD Instruction 5400.11 – DoD Privacy and Civil Liberties Programs (December 8, 2020)

This Department of Defense Instruction (DoDI) establishes policy, assigns responsibilities, and provides oversight requirements for implementing privacy and civil liberties protections throughout the Department of Defense (DoD). It addresses the protection of personally identifiable information (PII), compliance with federal privacy laws, management of privacy risks, reporting of privacy incidents, and responsibilities of DoD components in safeguarding individual rights.

Families can use this instruction to understand DoD privacy and civil liberties responsibilities, identify oversight and accountability requirements, and support advocacy concerning the collection, use, disclosure, and protection of personal information. This resource is particularly relevant when examining privacy practices, confidentiality concerns, records management, or potential privacy violations involving DoDEA/DoWEA, military family programs, and other DoD components.

Learn more about Privacy, Oversight, and Compliance in the DoD here: Oversight and Compliance Directorate

32 CFR Part 310 (up to date as of 10-07-2026).pdf

32 CFR Part 310 – Protection of Privacy and Access to and Amendment of Individual Records Under the Privacy Act of 1974 (Current as of October 7, 2026)

This federal regulation establishes the Department of Defense's (DoD) procedures for implementing the Privacy Act of 1974 (5 U.S.C. § 552a). It addresses how individuals may request access to personal records maintained in DoD systems of records, seek amendments or corrections, appeal denied requests, and request an accounting of certain disclosures. It also identifies exemptions that may limit access to particular records and explains how Privacy Act requests are processed alongside the Freedom of Information Act (FOIA).

Families can use this regulation to understand DoD procedures for accessing and correcting personal records, identifying applicable privacy protections, challenging denied requests, and examining how personal information may be disclosed. This resource is particularly relevant when navigating records requests, confidentiality concerns, and privacy-related issues involving DoDEA/DoWEA, military family services, or other DoD components.

Learn more about Privacy, Oversight, and Compliance in the DoD here: Oversight and Compliance Directorate

1974 Privacy Act of 1974 Public Law 93-579 codified 5 U.S.C. 552a.pdf

Privacy Act of 1974 – Public Law 93-579 (December 31, 1974), Codified at 5 U.S.C. § 552a

The Privacy Act of 1974 is a federal law that establishes requirements for how federal agencies, including the Department of Defense (DoD) and Department of Defense Education Activity (DoDEA), collect, maintain, use, disclose, and protect personal information contained in systems of records. The law establishes individual rights to access and request amendments to certain personal records, limits unauthorized disclosures, and requires agencies to publish Systems of Records Notices (SORNs) identifying the types of information maintained and how those records are managed.

Families can use this law to understand federal privacy protections, identify their rights to access or request corrections to records, examine how personal information is maintained and disclosed, and support advocacy concerning the confidentiality of student educational records, special education documentation, and other personal information held by DoD/DoWEA agencies. Parental and guardian access rights are subject to applicable legal requirements, including provisions governing minors and legal guardians.

See the most updated version here: Code of Federal Regulations eCFR System

Learn more about Privacy, Oversight, and Compliance in the DoD here: Oversight and Compliance Directorate

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