when can education records be released without consent
However, in addition to properly designated "directory information," FERPA allows disclosure, without consent, to the following parties or under the following conditions (except as noted, conditions are listed in 34 CFR § 99.31):School officials with a "legitimate educational interest" may access student records under FERPA.
FERPA requires agencies or schools to account for all instances of education records release, indicating the reasons the information was provided and who received it. After the hearing, a parent or eligible student who continues to disagree with the contents of a record can insert an explanation of the objection into the official record, and that explanation must remain with the record as long as it is held by the agency. Under certain circumstances (e.g., government-required audits, evaluations, or court orders), a district can release records without approval of the parent, but it must record the disclosure, explaining the legitimate interest the party had in receiving the information. These records are not “education records. However, the school must make a reasonable effort to notify the parent (or eligible student) in advance of compliance, unless the court or other issuing agency has ordered that the contents of the subpoena not be disclosed, or that the protected education records not be included. [34 CFR § 99.31 paragraph (a)(9)(1)]Disclosure to appropriate officials is valid if the information contained in the education record is necessary to protect the health or safety of the student or other individuals.
Student information can be released upon completion of the Student Consent to Release Educational and Financial Records form. These records, your private test records, fall under HIPAA law and the professional Code of Ethics. (See These laws should be closely reviewed by privacy experts within school districts and state education agencies for their specific applicability to individual cases. Generally, schools must have written parent (or eligible student) permission to release any information from a student's education records. Although local written policies are no longer required, regulations continue to encourage districts to develop privacy policies and procedures. It begs the question, is it ever okay to release medical records without patient consent? ” FERPA law does not apply to these records. Even if these conditions are met, the school may only disclose information if: the study methodology does not permit the personal identification of parents and students by anyone other than the researchers and their representatives; the information is not used for any purpose other than to complete the study; and the information is destroyed when it is no longer needed for the stated purposes of the study.Disclosure of personal information is permitted to an accrediting organization if it is needed to carry out the accreditation.Schools must release information requested by a judicial order or legal subpoena. Information that is personally identifiable in an educational record may not be released without prior written consent from the student and except to the extent that FERPA authorizes disclosure without consent as listed above.
Although medical records are confidential, there are times when they can be released without a patient's consent. Access to Student Education Records. Upon such request, school districts are required to provide student names, addresses, and telephone listings to military recruiters unless a parent has elected to opt out of the public, nonconsensual disclosure of directory information or has opted out of a specific notice provided by the school regarding disclosure to the military.
Because state or local privacy protection laws or policies may supplement or refine FERPA, many state and local education agencies establish written policies to ensure the law will be applied uniformly.FERPA currently permits schools to transfer any and all education records, including disciplinary records, for a student who is transferring to another school.