FERPA Recognized Exceptions
FERPA law defines a number of other circumstances besides the release of directory information in which an education record can be released to certain parties without written permission from the student. Here are some examples:
- State and local educational authorities when allowed by statute;
- School official or lending institutions in connection with financial aid for which the student has applied or which the student has received, if certain conditions are met;
- An alleged victim of a crime of violence has a right to learn the results of a disciplinary proceeding conducted by the institution against the alleged perpetrator of the crime;
- The parents of a “dependent student,” as defined in Internal Revenue Code, when the parent has provided a notarized affidavit, along with a copy of the relevant page of the parent’s most recent income tax return indicating the student’s dependent status. Affidavits must be updated annually, otherwise, prior written permission from the student is required;
- Appropriate persons in connection with an emergency, in order to protect the health or safety of the student or others;
- The Attorney General or his/her representatives for law enforcement purposes;
- Pursuant to a lawfully issued subpoena or to comply with a judicial order*; and
- A school official who has a legitimate educational interest in the records.
*Although information may be released pursuant to a subpoena, a release under this exception should not be made without first contacting the Admissions & Records Office.
FERPA | Major Concepts in FERPA | Who is a Student | What is an Education Record? | Exceptions | FERPA Recognized Exceptions |
Legitimate Educational Interests | Records not Protected by FERPA | General Rule: | Disclosure of Education Records |
Releasing Records | Who is a School Official | Confidential Records | "Keeper" of the Record | Parent Access to Student Record | Important Note | Email and Computer Guidelines | Summary | Warnings Against Non-Compliance | Additional Resources |