FERPA Exceptions

Situations and Exceptions to FERPA

A postsecondary institution, including San Jac, may disclose personally identifiable information from the education records without obtaining prior written consent of the student:

1. To other school officials, including teachers within the College whom the school has determined to have legitimate educational interests. This also includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
2. To officials of another school where the student seeks or intends to enroll. Additionally, to officials of a school where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
3. To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the college’s state-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of federal- or state-supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. These entities may make further disclosures of personally identifiable information.
   
   1. To outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)
4. In connection with financial aid for which the student has applied or received, if the information is necessary to determine eligibility, amount or conditions for the aid, or to enforce the terms and conditions of the aid. (§ 99.31(a)(4))
5. To organizations conducting studies on behalf of the school to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
6. To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
7. To parents of an eligible student if the student is a dependent for IRS tax purposes. (§  99.31(a)(8))
8. To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
9. To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§  99.31(a)(10))
10.  If it is information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
11. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
12. If the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the allegation is a violation of the school’s rules or policies. The final results of a disciplinary proceeding can be shared with the general public, subject to the requirements of § 99.39. (§ 99.31(a)(14))
13. To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school. This includes the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))