What does "consent" mean in the context of disclosing education records?

In the context of disclosing education records under FERPA, "consent" refers to a clear and active decision made by the student to allow the release of their educational records. This means that the student must provide an affirmative indication—such as a signature or a specific action that demonstrates their agreement—granting permission for the institution to disclose their records to a designated third party.

This requirement for "affirmative indication" ensures that the student is fully aware of what information will be shared, with whom, and for what purpose, protecting their privacy rights. The concept of consent emphasizes the importance of student autonomy and the right to control access to their own educational information. Hence, it is necessary that the consent be explicit and not implied or vague, thus reinforcing the security and confidentiality of the student’s records.

Other interpretations, like a passive acknowledgment or a verbal agreement without formal documentation, do not align with the legal requirements for consent under FERPA. The law requires clear and documented consent to ensure transparency and accountability in the handling of sensitive student information.