FERPA Exceptions (4/12)

FERPA Exceptions

FERPA requires written parental consent in order to share student PII. However, there are certain exceptions that allow you to share student PII without parental consent. 

 

Directory Information Exception

Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without a parent’s prior written consent. Each school must define the data elements they consider to be directory information. Schools must give parents a way to opt-out of directory information. 

 

School Official Exception

A school official allows you to share student information with those who have a legitimate educational interest in a student. A “school official” includes a teacher, school principal, president, chancellor, board member, trustee, registrar, counselor, admissions officer, attorney, accountant, human resources professional, information systems specialist, and support or clerical personnel. It also applies to vendors that are performing a function the school would otherwise do themselves.

 

Studies Exception

The studies exception can be used if the disclosure of PII from student education records is for, or on behalf of, an educational agency or institution in order to:
a. Develop, validate, or administer predictive tests;
b. Administer student aid programs; or
c. Improve instruction.

 

Definitions

Eligible Student: A student age 18 or older or enrolled in a postsecondary institution at any age

FERPA: Family Educational Rights and Privacy Act

(LEA) Local Education Agency: A commonly used acronym for a school district or charter school

Parent: Natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian

(SIS) Student Information System: A computer system that a school uses to track grades, attendance, schedules, and many other student-related data needs in a school

Resources

FERPA Exceptions Links to an external site.

Other FERPA Exceptions Links to an external site.

FERPA 20 U.S.C. § 1232g (Code)

FERPA 34 CFR Part 99 (Regulations)