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Disclosures of Personally-Identifiable Information Without Consent

FERPA permits the disclosure of personally-identifiable information from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders, or lawfully-issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of the FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. For additional information on these categories, see TCSG Procedure for Student Records. A postsecondary institution may disclose personally-identifiable information without obtaining prior written consent of the student:

  1. To TCSG and technical college officials who have a legitimate educational interest in the records.
  2. To officials of another school in which a student seeks or intends to enroll or where the student is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer.
  3. To authorized representatives of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, the Attorney General of the United States, or state and local educational authorities.
  4. Technical college or TCSG officials or lending institutions, in connection with financial aid for which the student has applied or which the student has received.
  5. State and local officials or authorities concerning the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released.
  6. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations.
  7. Accrediting organizations in order to carry out their accrediting functions.
  8. Parents of a dependent student. The parent must provide a copy of their most recent federal income tax return establishing the student’s dependency.
  9. In connection with a health or safety emergency, appropriate persons if the knowledge of such information is necessary to protect the health or safety of the student or others.
  10. To comply with a judicial order or lawfully-issued subpoena, provided the technical college makes a reasonable effort to notify the student of the order or subpoena in advance of compliance. However, notification may be prohibited by the terms of the subpoena in certain circumstances.
  11. To an alleged victim of any crime of violence or a non-forcible sex offense, the final results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime or offense with respect to that crime or offense.
  12. To Veterans Administration Officials pursuant to 38 U.S.C. § 3690 (c).
  13. Information the technical college has designated as “directory information,” unless a hold has been placed upon release of the information by the student.
  14. To the court those records that are necessary for legal proceedings when TCSG or a student initiates legal action relevant to the student records.
  15. The technical college may also disclose to any parent or legal guardian of a student under the age of 21 information about a violation of any federal state or local law, or any rule or policy of the technical college governing the use or possession of alcohol or a controlled substance if the institution determines that the student has committed a disciplinary violation with respect to such use or possession
  16. To the student or the parent of a student who is not an eligible student.
  17. In connection with a disciplinary proceeding if the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has violated the technical college’s rules or policies. The technical college will not disclose the names of any other students, including victims or witnesses, without their prior written consent.
  18. Concerns sex offenders and other individuals required to register under the Violent Crime Control and Law Enforcement Act of 1994 and the technical college was provided the information under 42 U.S.C. § 14071.
  19. The technical college that has received education records may release the records or information after the removal of all personally identifiable information in the reasonable opinion of the technical college. A code may be attached to the de-identified information that may allow the recipient to match information provided from the same source if the method for generating and assigning the code is unreleased, the code is used for no other purpose, and the code cannot be used to ascertain personally identifiable information.