| The
statute’s exceptions allow disclosure of even personally
identifiable information from educational records without
the consent of the student or parents when information is
needed by or for the following:
-
State or local juvenile justice officials,
- Organizations
conducting educational studies,
-
Health and safety emergencies and
-
Disciplinary records.
Information
on Specific Acts in Student Records
FERPA also controls the use of information regarding particular
acts or issues, including violent acts, drug possession, weapons
possession, destruction of property, disruptive behavior and
psychological or mental health assessments of students at
risk for violence (“profiles”), as described below.
Violent
Acts
FERPA allows the reporting of violent acts such as homicide,
rape, assault, or the imminent threat of such acts. Information
regarding such actions by students may be reported voluntarily
by the school or upon request by an outside agency.
Drug or Weapons Possession
FERPA
allows the reporting of information related to the possession
of drugs or weapons by students on school grounds, voluntarily
or at the request of outside agencies.
Antisocial
or Disruptive Behavior
To
the extent disruptive or antisocial behavior includes the
destruction of property or vandalism, it may be reported to
law enforcement, voluntarily or on request. Other forms of
antisocial or disruptive behavior that do not fall into any
of the previously mentioned categories will require notification
to and consent of the student’s parents before the information
can be released to a third party. This type of behavior might
include yelling in class, name-calling, disrespect for teachers |
for
teachers or other school officials, bullying, intimidation
or similar behavior that does not reach the level of destruction
of property or assault of fellow students or school personnel.
Risk
Factor/Behavioral/Threat Assessments: “Profiles”
FERPA does not address this area directly and does not provide
an exception for this type of information in a student’s
record. Therefore, the release of information on student achievement,
behavioral or academic history, personal interests, extracurricular
activity or similar background information on a student is
governed by the general provisions of FERPA, meaning the release
must be accompanied by notification and consent of the student’s
parents or guardians. Both the U.S. Department of Education
and the Federal Bureau of Investigation (U.S. Department of
Justice) have expressed grave reservations about the use or
misuse of profiles in schools, so extreme caution is recommended.
Please contact the Department of Education at:

State Law
State law also affects whether a school is required to report
information regarding a student’s conduct or may exercise
discretion on such matters. Generally, federal
statutes and state law require that schools
report to law
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