Exceptions To Ferpa.FERPA (Family Educational Rights and Privacy Act) is a federal law in the United States that protects the privacy of student education records. While there are certain circumstances under which schools can disclose education records without obtaining consent, here are 10 exceptions to FERPA:
Exceptions To Ferpa
- School Officials with Legitimate Educational Interest: Schools may disclose education records to school officials who have a legitimate educational interest. This could include teachers, administrators, or other staff members who need access to the records to perform their job duties.
- Directory Information: Schools can disclose directory information without consent, which typically includes information such as a student’s name, address, phone number, email, date and place of birth, honors and awards, and enrollment status.
- FERPA Audits and Evaluations: Education records may be disclosed to authorized representatives of federal and state educational agencies conducting audits, evaluations, or enforcement activities related to education programs.
- Health and Safety Emergencies: Schools may disclose education records to appropriate parties in connection with a health or safety emergency, if the information is necessary to protect the health or safety of the student or others.
- Judicial Orders or Subpoenas: Schools can disclose education records in response to a judicial order or lawfully issued subpoena.
- Research Studies: Education records may be disclosed for the purpose of conducting research studies, but strict privacy protections must be in place, and the information should not be individually identifiable.
- Accrediting Organizations: Records may be disclosed to accrediting organizations to carry out their accrediting functions.
- Parental Access to Dependent Student Records: Parents have the right to access their dependent student’s education records.
- Transfers to Another School: When a student transfers to another school, their education records may be disclosed to the receiving school.
- Sex Offender Registration Information: Schools may disclose information about a student who is required to register as a sex offender.
It’s important to note that while these are exceptions to FERPA, they still come with certain restrictions and requirements to ensure the privacy and protection of students’ education records. Schools are required to have policies and procedures in place to handle these exceptions appropriately.