VI. Exceptions to Requirement to Obtain Prior Written Consent to Disclose Education Records

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  1. FERPA permits the disclosure of PII from students’ education records without consent if the disclosure meets certain conditions specified in the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders and lawfully issued subpoenas, disclosures of Directory Information, and disclosures to the student, the FERPA regulations require CCSNH and its college to maintain a record of disclosures of education records, and eligible students have the right to inspect the record of disclosures.
  2. FERPA permits CCSNH and its colleges to disclose education records without a student’s prior consent as follows:
    1. To school officials with legitimate educational interests in reviewing a student’s education record in order to fulfill their work responsibilities. Such school officials typically include: (a) a person employed by CCSNH and its colleges in an administrative, supervisory, academic, research, or support staff position (including campus security and health care staff); (b) a student serving on an official committee, such as a disciplinary or grievance committee; or (c) a volunteer or contractor outside of CCSNH/Member College who performs an institutional service or function for which CCSNH/Member College would otherwise use its own employees, and who is under the direct control of CCSNH or one of its colleges with respect to the use and maintenance of PII from education records (such as an attorney, auditor, collection agent, or technology vendor).
    2. Upon request, CCSNH and its colleges shall disclose education records without consent to officials of another school in which the student seeks or intends to enroll.
    3. To authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state or local educational authorities. Disclosures may be made 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 related to those programs. These entities may make further disclosure of PII 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.
    4. In connection with financial aid the student has applied for or received, if the information is necessary to determine eligibility for the aid, the amount of the aid, the conditions of the aid, or enforce the terms and conditions of the aid.
    5. To organizations conducting studies for, or on behalf of CCSNH/Member Colleges, in order to (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
    6. To accrediting organizations to carry out their accrediting functions.
    7. To comply with a judicial order or lawfully issued subpoena.
    8. To appropriate individuals in connection with a health or safety emergency, subject to requirements in the FERPA regulations.
    9. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to requirements in the FERPA regulations. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
    10. To the general public, the final results of a disciplinary proceeding, subject to requirements in the FERPA regulations, if CCSNH/Member College determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of CCSNH/Member College policies/rules with respect to the allegation made against them.
    11. Upon request, CCSNH and its colleges may disclose education records to parent(s) or guardian(s) without consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules. The Internal Revenue Service has determined that a qualifying student must be younger than the taxpayer (or spouse if married filing jointly) and be under the age of 19 or be under the age of 24 and a full-time student for at least five months of the year.
    12. To parent(s) or guardian(s) of a student under the age of 21 regarding the student’s violation of any federal, state, or local law, or any policy/rule of CCSNH/Member College governing the use or possession of alcohol or a controlled substance if CCSNH/Member College determines the student committed a disciplinary violation.