Statutory Exceptions to FERPA Consent
FERPA lists many no-consent disclosure exceptions, including school officials with a legitimate educational interest, transfer schools, financial aid, research studies, accreditors, court orders and subpoenas, and health or safety emergencies where the threat is articulable and significant.
- School officials with a legitimate educational interest, including outsourced third-party vendors under the school's direct control
- Schools where a student seeks to enroll, is enrolled, or intends to transfer
- In connection with financial aid the student received or will apply for
- Organizations doing research studies for the institution
- Accrediting organizations fulfilling accrediting duties
- The alleged victim of a forcible or nonforcible sex offense
- Information on sex offenders under federal registration and disclosure requirements
- An entity verified as the party that provided or created the record
- Law enforcement, judicial orders, or subpoenas (with reasonable effort to notify the student first, unless nondisclosure is ordered)
- Appropriate parties in a health or safety emergency
A third-party vendor counts as a school official only if (1) the school outsources duties to it and (2) it is under the direct control of the school over use and maintenance of the record. The vendor cannot redisclose without consent or use the record for any other purpose. A legitimate educational interest need not be academic - just related to an appropriate school function.
In an emergency, disclosure is allowed if knowledge is necessary to protect health or safety and the threat is articulable and significant. The school may consider the totality of the circumstances. A school is safe from federal scrutiny if there was a rational basis for the determination at the time.