The Family Educational Rights and Privacy Act (FERPA) allows the disclosure of student education records without consent under certain exceptions. These include disclosing to school officials with legitimate educational interests, parents of tax dependents or for substance violations, and in emergency situations where health or safety is at risk. FERPA also permits disclosure of directory information like name and enrollment status unless the student opts-out, as well as to outside organizations conducting studies or audits. Records related to disciplinary proceedings, sexual harassment investigations, and certain court orders are additionally exempted from requiring prior consent.

1. FERPA
Family Educational Rights and Privacy Act
Part Two – Permitted Disclosures

2. PERMITTED DISCLOSURES
Disclosure of education records does not violate FERPA if either of these conditions is
satisfied:
• The student gives written consent for the disclosure, or
• A FERPA exception permits disclosure without the student’s consent
In this section, we will explain the requirements for consent and FERPA exceptions that allow
disclosure without a student’s consent.

3. WRITTEN CONSENT
A student’s written consent must be signed, dated, and
identify the following:
• Record to be disclosed
• Purpose of the disclosure
• Person, organization, or institution to whom disclosure
may be made.

4. DIRECTORY INFORMATION

7. SCHOOL OFFICIALS

8. LEGITIMATE
EDUCATIONAL
INTEREST

9. DISCLOSURE TO PARENTS
The parents of a college or university student
generally have no right to access their child’s
education records.
However, FERPA makes certain exceptions for
disclosing information to the parents of an eligible
student. Such exceptions include:
• Tax Dependent
• Substance Violations

10. TAX DEPENDENT
A FERPA exception allows disclosure of their child’s
education records to parents who claim the student as a
dependent on their tax return.
The school may require parents to provide proof, such as
an affidavit of dependent status with a copy of the
relevant portion of the parent’s most recent tax return.
Additionally, a school may rely on a student’s self-
identification as a dependent.
If a student is a dependent of one parent but not the
other (e.g., the parents are divorced), information may be
shared with either parent unless the school has evidence
that parental rights have been revoked by court order,
statute, or other legally enforceable document.

11. SUBSTANCE VIOLATIONS
When students under age 21 violate any law or school
policy regarding the use or possession of alcohol or a
controlled substance, the school may disclose these
violations to the student’s parents.
However, this exception does not apply if state law
prohibits enforcing conduct violations. For example,
some states have “amnesty” laws for underage drinking
violations to encourage students to report sexual assault.

12. TREATMENT RECORDS
Medical “treatment records” maintained by a campus
health center or counseling facility are not education
records if they are:
• Made, maintained, and used only for the student’s
treatment
• Not shared with anyone other than the persons
providing treatment
If a school discloses a student’s treatment records for a
purpose other than the student’s treatment, then they
become education records subject to FERPA rules.
However, the Department of Education has cautioned
schools to only disclose the minimum amount of PII
necessary for the intended purpose. For example, certain
school officials may have a legitimate educational interest
in a student’s education records that indicate test-taking
accommodations are required.

13. EMERGENCY EXCEPTION
FERPA allows disclosures of a student’s personally
identifiable information if necessary to address an
“articulable and significant” health or safety emergency,
such as a natural disaster, terrorist attack, campus
shooting, or an outbreak of an epidemic disease.
- Department of Education’s Letter to Montgomery County Public Schools,
dated February 15, 2006

14. ARTICULABLE & SIGNIFICANT
The Department of Education explains that an
“articulable and significant threat” means a school official
can explain why available information leads to a
reasonable belief that there is a significant threat to the
health or safety of a student or others which requires
immediate action.
For example, if a school’s health care providers who are
treating a student have information that leads to a
reasonable belief that the patient or others are in
imminent danger, a school may disclose information
from the student’s medical records, including treatment
records, to appropriate persons who can assist in
preventing harm (law enforcement, public health officials,
and parents).

15. LAW ENFORCEMENT RECORDS

16. OUTSIDE ORGANIZATIONS
FERPA also makes an exception to the consent rule for
disclosing PII to outside organizations that:
• Perform institutional services or functions
• Conduct studies of predictive tests, student aid
programs, or ways to improve instruction
• Audit or evaluate education programs

17. DISCIPLINARY PROCEEDINGS

18. SEXUAL HARASSMENT

19. Other Exceptions
Disclosures are also permitted in connection with:
• A student’s requested transfer to another school
• A student’s application for or receipt of financial aid
• The institution’s accreditation
• Compliance with a court order or subpoena

20. Complete Section Quiz before continuing.