National Vaccine Information Center

FERPA Privacy Exceptions

Published: July 20, 2023

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DisclosureAs with every rule and law, there are exceptions. For example, educational institutions subject to FERPA can disclose a student’s personally identifiable information when there is a public health emergency or other circumstance that is considered to be a threat to public safety. 

Directory Information: Many might consider a school disclosing  a student's name, address, telephone number, date and place of birth and participation in school activities, as personally identifying information. However, a school may disclose this information with third parties without consent if the school has given public notice that this information has been designated as  "directory information".   

Under federal law the school must provide parent/guardian/student's with public notice on what information the school has designated as directory information, as well as the right to opt out of being in the directory and the opt-out deadline established by the school for written opt-outs to be honored by the school. In general, the school may not designate the student's identification number, other types of unique identifier numbers, or their social security number.

If your school doesn’t receive federal funding, it is not subject to FERPA. In that case, inform yourself and obtain a copy of the school’s privacy policies to understand what information can and cannot be shared without consent.

The opt-out must be provided to the school in writing by the parent or guardian of a minor child, or the adult student. Many schools include the required public notice in their yearly enrollment packages given to parents, guardians and adults student prior to the start of the academic school year. A written opt-out from the school's directory remains in effect while the student attends that school. To learn more, visit the U.S. Department of Education's website on FERPA student privacy.

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