When is prior consent not required with regard to releasing a student's educational records?
The institution may disclose records without consent if certain requirements are met, but it is not required to do so. Some examples of the exceptions to the release requirement include:
- Disclosure to another institution where the student seeks to enroll or is enrolled.
- Disclosure to the Department of Education or state and/or local educational authorities.
- Disclosure in connection with the receipt of financial aid.
- Disclosure to state/local officials in conjunction with legislative requirements.
- "School officials" with a "legitimate educational interest." Employees and legal agents have access to education records in order to perform their official, educationally-related duties.
- Disclosure to organizations conducting studies to improve instruction, or to accrediting organizations.
- Disclosure to parents of dependent students (IRS definition).
- To comply with a judicial order or lawfully issued subpoena.
- Disclosure for a health/safety emergency (must document what the emergency was to to whom the information was released).
- Disclosure of directory information, provided the student has not requested "no release."