What is an "exception" to the consent requirement under FERPA?

Under FERPA, an "exception" to the consent requirement is made for disclosures related to health or safety emergencies. This means that if a school determines that there is an imminent threat to the health or safety of a student or others, they are permitted to share personally identifiable information from a student’s education records without obtaining prior consent. This exception is crucial as it enables timely intervention during critical situations where immediate action may be necessary to protect life or well-being.

The rationale behind this exception is to ensure that schools can respond proactively to emergencies, ensuring the safety of their students and the broader community. Such disclosures may include sharing information with law enforcement, first responders, or appropriate authorities to facilitate a timely and appropriate response.

In contrast, disclosures for marketing purposes, academic improvement, or solely to parents of dependent students do not qualify as exceptions under FERPA. Marketing purposes generally require consent, while academic improvement initiatives usually aim for internal use and do not necessitate bypassing consent for disclosures. Lastly, while there are rights granted to parents of dependent students, this does not constitute an emergency exception that allows for disclosures without consent.