Confidentiality of Student Records and FERPA

The Federal Family Educational Rights and Privacy Act (FERPA) of 1974 establishes the rights of students and their families regarding educational records maintained by institutions. In accordance with FERPA and related university policies, East Texas A&M University offices maintain various types of records to support students' educational development. Faculty and staff members may also keep informal records as part of their professional responsibilities with individual students.

Above all, the university is committed to maintaining the accuracy, integrity and confidentiality of student records. It ensures that all records are collected, used and safeguarded responsibly, and that information is disclosed only as permitted by law.

Forms

The following forms allow you, the student, to manage certain aspects about your educational records.

Release My Records

I am a student or authorized parent, and I would like to release my education records.

Review My Records

I am student, and I would like to review my education records.

Change or Remove My Records

I have reviewed my education records, and I would like to request that certain information be amended, corrected or removed.

Request a Hearing

I was told I could not amend or remove my education records. I would like to request a formal hearing about my records.

Downloads

Health or Safety Emergency Provision

In some situations, a school may determine that it is necessary to disclose non-directory information to appropriate parties in order to address a disaster or other health or safety emergency. FERPA permits school officials to disclose, without consent, education records, or personally identifiable information from education records, to appropriate parties (see Q&A 9) in connection with an emergency, if knowledge of that information is necessary to protect the health or safety of the student or other individuals. To learn more, review the Code of Federal Regulations, titles 34 CFR §§ 99.31(a)(10) and 99.36.

This exception to FERPA's general consent requirement is temporally limited to the period of the emergency and generally does not allow for a blanket release of personally identifiable information from the student's education records.

Emergency Circumstances

Under the health or safety emergency provision, an educational agency or institution is responsible for making a determination whether to disclose personally identifiable information on a case-by-case basis, taking into account the totality of the circumstances pertaining to a threat to the health or safety of the student or others.

According to Federal Regulation 34 CFR § 99.36, a school district or school may disclose information to such appropriate parties without consent if it determines that:

  1. there is an articulable and significant threat to the health or safety of the student or other individuals, AND
  2. that a party needs personally identifiable information from education records to protect the health or safety of the student or other individuals.

This is a flexible standard under which the Department defers to school administrators so that they may bring appropriate resources to bear on the situation, provided that there is a rational basis for the educational agency's or institution's decisions about the nature of the emergency and the appropriate parties to whom information should be disclosed. We note also that, within a reasonable period of time after a disclosure is made under this exception, an educational agency or institution must record in the student's education records the articulable and significant threat that formed the basis for the disclosure and the parties to whom information was disclosed.

To learn more, review the Code of Federal Regulations, 34 CFR § 99.32(a)(5).

Appropriate Parties

Typically, the types of appropriate parties to whom information may be disclosed under this FERPA exception may include:

  • law enforcement officials
  • public health officials
  • trained medical personnel
  • parents (including parents of an eligible student)

In some situations, State and local emergency management agencies who are coordinating a disaster response might be considered appropriate parties when their knowledge of the information is necessary to protect the health or safety of the student or other individuals. Students who are separated from their families may have serious medical needs. A school could disclose information about the student's medication or special needs to appropriate officials who are seeking to address those needs.

Review the Department of Education’s guidance on the Disclosure of Student Information Related to Emergencies and Disasters.

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