In general, schools need signed and written consent from the parent or the eligible student before disclosing information from educational records to third parties. This consent can be given through electronic means as long as it identifies the consenting individual and conveys their approval of the information. The written consent must specify the records to be disclosed, the reason for disclosure, and the recipient of the information. Additionally, schools must provide copies of the disclosed records to parents or eligible students upon request.
Disclosure Without Consent
Although FERPA offers substantial confidentiality protections regarding educational records, there are specific circumstances where schools can disclose records without prior consent. One instance is when school officials have a legitimate educational interest in reviewing the records. This includes teachers, school employees directly engaged with the student, and legal representatives of the school district. Similarly, outside consultants, contractors, volunteers, and other parties contracted by the school can access records, provided they meet certain conditions: they must perform a service for which the school would otherwise use employees, operate under the school's control regarding the use and review of the records, and not disclose information to unauthorized parties. Schools are responsible for ensuring that these parties access only the records relevant to their legitimate educational interest.
No consent is required when schools disclose information to state and local officials conducting audits, evaluations, and compliance reviews of educational programs. The school can also share records with organizations involved in administering predictive tests, aid programs, or enhancing classroom instruction. Under FERPA, "organizations" include federal, state, local agencies, and independent entities.
Congress has imposed certain conditions to ensure proper use of such records by organizations. Firstly, any agreement with an organization must clarify the study's purpose, scope, and duration, specify the information to be disclosed, and include assurances that the records will be used solely for their intended purpose. Only individuals within the organization with a genuine interest in the study may access these records. Upon completion of the study, the organization must either destroy the information or return it to the school. To enforce these requirements, the U.S. Department of Education can ban an institution from sharing information with third-party organizations for five years if it violates these terms.
If a student is transferring to a different school, the receiving school may access the educational records from the sending school without requiring parental or student consent, except where policy prohibits record transfer. In both Connecticut and New York, receiving schools must notify sending schools in writing upon enrollment. The sending school then has ten days to forward the student's records. If confidential information is disclosed, efforts should be made to notify the parent or student, though this is unnecessary if they initiated the disclosure or if there is a policy outlined in the annual notification to parents.
School officials may comply with a court order or subpoena by disclosing records, but they must attempt to notify the parent or student beforehand. Similarly, schools engaged in legal actions with a parent may disclose relevant records without a court order, subpoena, or prior consent.
Further, schools can disclose information without consent to authorities within the juvenile justice system if such an action is enabled by specific state laws, and these authorities must assure that information will remain undisclosed to unauthorized entities.
In emergencies, schools have the authority to disclose confidential information if it's essential for the protection of the student or others. Schools are also empowered to share records with teachers and officials, including those from other schools, who may need to know the student's information to safeguard the student or others.
Lastly, schools may release "directory information" without consent if they have notified parents or eligible students about this potential disclosure. Directory information includes details that would generally not be deemed harmful or an invasion of privacy, such as the student's name, address, telephone number, and other similar information. The school must specify what constitutes directory information, inform parents or eligible students of their right to restrict this disclosure, and provide the timeframe within which objections can be made.
Contact Us
If you have any questions about schools disclosing student information in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
