CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION  
 
Authorities: 34 C.F.R. Parts 99, 300
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P The local educational agency (LEA) must comply with PARENT and ADULT STUDENT, as appropriate.

P The LEA must comply with RECORDS.

D The LEA must obtain informed consent from the parent before personally identifiable information is disclosed to parties except WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION: 300.622(a)

P
  • Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.
99.3

P Circumstances when consent is required to disclose confidential information include: 300.321(b)(3)
300.622(b)(2)
300.622(b)(3)

P
  • When disclosure is to officials of agencies providing or paying for transition services;
300.321(b)(3)
300.622(b)(2)

P
  • When the LEA invites a representative of any participating agency to be part of the ADMISSIONS, REVIEW, AND DISMISSAL COMMITTEE, because that public agency is likely to be responsible for providing or paying for transition services; and
300.321(b)(3)

P
  • Between officials of the private school located outside of the LEA where the parent resides and the LEA, if a child is enrolled or is going to enroll in the private school.
300.622(b)(3)

ELEMENTS OF CONSENT TO DISCLOSE CONFIDENTIAL INFORMATION


P The informed consent that the LEA must obtain to disclose confidential information means: 300.9
300.622(a)

D
  • The parent has been fully informed of all information relevant to the disclosure of confidential information in his or her native language or other mode of communication, including:
300.9(a)

D
    • Specifying the records that may be disclosed;
99.30(b)(1)
300.9(b)

D
    • Stating the purpose of the disclosure; and
99.30(b)(2)
300.9(b)

D
    • Identifying the party or class of parties to whom the disclosure may be made;
99.30(b)(3)
300.9(b)

D
  • The parent understands and agrees in writing to the LEA disclosing the confidential information;
300.9(b)

D
  • The consent is signed and dated;
99.30(a)
99.30(d)
300.9(b)

D
  • The parent understands that the granting of consent is voluntary on the part of the parent and may be revoked at anytime; and
300.9(c)(1)

D
  • The parent understands that if the parent revokes consent, that revocation is not retroactive (i.e., it does not negate an action that has occurred after the consent was given and before the consent was revoked).
300.9(c)(2)

 
 
Last Updated: Wednesday, April 19, 2017