This includes contractors, consultants, volunteers and other vended service providers used in the capacity as an official including the IU Foundation and the National Student Clearinghouse. : FERPA requires educational agencies and institutions to record all disclosures of PII from education records made under the audit or evaluation exception (§ 99.32). For your convenience, a few of those exceptions are listed below. While permitted under FERPA, IU generally does not use this exception and in most cases will refer the parents to the Third Party Pin tool for access, Parents of a student regarding the student’s violation of any Federal, State or local law or policy of the school, governing the use or possession of alcohol or controlled substance if the school determines the student committed a disciplinary violation and is under the age of 21, Research projects on behalf of educational agencies for test norms, improving instruction, etc. However, there are several exceptions to FERPA's prohibition on nonconsensual disclosure of education records. This, then, constitutes a FERPA-permitted use of educational records, if that recording falls within the category of educational records. FERPA allows schools to disclose information from a student’s education record, without consent, to the following parties or under the following conditions: School officials with legitimate educational interest. Under FERPA, education records cannot be disclosed without a student’s consent, unless one of FERPA’s exceptions applies. The consent must specify records to be disclosed, state the purpose of the disclosure and identify the party or class of parties to whom the disclosure must be made. The FERPA Exceptions Summary is intended to be a handy visual aid to help identify, at a glance, what FERPA exception applies to the data sharing work you are trying to do. FERPA requires educational institutions to protect Personally Identifiable Information (PII) from student records from unauthorized disclosure without consent. •FERPA requires that Reasonable Methods be used to protect the integrity and security of the data being maintained at the school or district. In connection with a student’s application for, or receipt of financial aid. Family Educational Rights and Privacy Act (FERPA) Exceptions Although not required, institutions may release information from student records, without prior consent, to: school officials with legitimate educational interest (as defined by institution within FERPA guidelines) schools in which the student seeks or intends to enroll FERPA generally requires that a student provide written consent prior to any disclosure from the student's education record. To comply with a judicial order or subpoena. Two of these exceptions are discussed in this document – the studies exception and the audit or evaluation exception. §§ 1232g(b)(1), (b)(2), (b)(3), (b)(5), (b)(6), (h), (i), and (j), and 34 CFR § 99.31. An equal opportunity/access/affirmative action/pro-disabled and veteran employer. Although not required, institutions may release information from student records without prior consent: As directory information. Legitimate educational interest is the need to review an education record in order for a university official to carry out his or her responsibilities in order to: perform an administrative task outlined in the official’s duties; perform a supervisory or instructional task directly related to the student’s education; or perform service or benefit for the student such as health care, job placement, or financial aid. Student names (on screen or in the chat) are typically considered directory information, as opposed to personally identifiable information from student education records, which means that the recordings can include student names as long as the recording is not shared outside that particular course. FERPA rights for eligible students and parents FERPA generally prohibits the nonconsensual disclosure of information derived from education records, except in certain specified circumstances. Although not required, institutions may release information from student records, without prior consent, to: Recent Department of Education guidance indicates that you can record a class using Zoom or other similar software, as long as the recording is only shared within the Learning Management System for that specific course in that specific term, and only if the recording does not contain personally identifiable information from student education records. Information may be given only in respect to the crime committed, Information the school has designated as “directory information,” or public, may be released if the student has not filed a FERPA restriction, In response to a judicial order or lawfully issued subpoena (provided that the student is notified prior to compliance or provided that a reasonable attempt to notify the student has been made), Other law enforcement agencies in the investigation of a specific criminal case, Attorney General of the United States or his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes, under the US Patriot Act, Representatives of the Department of Homeland Security or Immigration and Customs Enforcement, for purposes of the coordinated interagency partnership regulating the Student and Exchange Visitor Information System (SEVIS). 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