There are two types of information distinguished under FERPA: personally identifiable information and directory information . Certain conditions exist with regards to disclosure of each kind of information. Also, certain rules apply to redisclosure of information.
Personally Identifiable Information
Prior consent, in the form of a signed and dated document, must be provided by the student to authorize an institution or agency to disclose personally identifiable information . The consent:
. must specify records that may be disclosed.
. should state purpose of disclosure. [typically not obtained]
. must identify party or class of parties to whom disclosure may be made.
Primary Exceptions
In relation to postsecondary institutions, prior consent is not required to disclose personally identifiable information:
. to a school official who has a legitimate educational interest.
. to schools in which a student seeks or intends
. to enroll (the institution must make an attempt
. to notify the student that records are being provided).
. to Federal, State and local authorities involving an audit or evaluation of compliance with education programs.
. in connection with financial aid (such as the administration or continuation of aid).
. to individuals or organizations conducting studies for or on behalf of an educational institution.
. to regional or professional accreditation organizations.
. to parents of a dependent student.
. to comply with a judicial order or subpoena. A reasonable effort must be made to notify the student beforehand-unless ordered by the subpoena not to do so.
. in the event of a health or safety emergency where the information is required to resolve the emergency.
. that is considered directory information , so long as the student has not requested nondisclosure of this information.
. to the student.
that is the result of a disciplinary hearing where the student is the perpetrator crime of violence or a non-forceable sex offense. Under this exception, information may be released to anyone, including the media. No information on the victim or witnesses may be released.
. of a student under the age of 21 who has committed a drug or alcohol related offense (e.g., reporting the offense to the parents of the student).
Note: The above exceptions do not have to be included in the annual notification . However, if the information is being released to an institution which a particular student is planning on applying to or attending, that student should be made aware of exchange.
Specific Exceptions
Attorney privileges
1. Education records may be released without a student's consent to a school attorney when he/she is:
. designated a school official (in the institution's annual notification).
. designated a party acting on behalf of the institution.
Financial aid-related information
2. Agencies acting as collection agents on a student's repayment of financial aid or loan which is in default do not need consent to access that student's education records which are relevant to the agency's collection task.
3. Non-specific financial aid information, such as whether or not a financial aid disbursement had been made, may be released to a student's parents or spouse without consent. However, specifics, such as what amount a disbursement was, may not be disclosed.
4. Financial aid information specific to a parent (contained within a student's education record) may be released to that parent without consent. All other portions of that education record may not be viewed by the parent unless prior consent has been given.
Implied consent
5. When a student formally takes legal action against an institution, implied consent is given for disclosure of that student's records which are pertinent to the litigation.
Directory Information
An institution may disclose directory information if it has given students in attendance public notice of:
. what the institution has designated as directory information.
. a student's right to refuse designation of any or all of their information as directory information.
. the time within which a student must notify the school, in writing, that he or she does not want any or all of the information designated as directory information.
Redisclosure
When disclosing information from education records to one of the parties listed under ß99.31, an institution should inform the receiving party that the information may not be further disclosed.
The Exceptions
Instances which do not require restriction on redisclosure include:
. when the information is disclosed to an eligible student
. when the receiving party (re)discloses information on behalf of the educational agency or institution
. when the information is considered directory information
. when the information is required by a court order or subpoena