WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION  
 
Authorities:  26 U.S.C. § 152; 34 C.F.R. Parts 99, 300; Texas Education Code; Texas Family Code
 
 
 
FEDERAL AND STATE REQUIREMENTS CITATIONS
P CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION is not required before personally identifiable information is released if: 99.31(a)
300.622(a)
300.622(b)(1)

P
  • The disclosure is to officials of Individuals with Disabilities Education Act (IDEA) Part B participating agencies for purposes of meeting a requirement of IDEA Part B except as otherwise provided in this framework;
300.622(b)(1)
300.622(a)

P
  • The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests;
99.31(a)(1)
99.31(b)

P 99.31(a)(2)
99.34

P 99.31(a)(3)
99.35

P
  • The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
99.31(a)(4)(i)
99.31(a)(4)(ii)

P
    • Determine eligibility for the aid;
99.31(a)(4)(i)(A)

P
    • Determine the amount of the aid;
99.31(a)(4)(i)(B)

P
    • Determine the conditions for the aid; or
99.31(a)(4)(i)(C)

P
    • Enforce the terms and conditions of the aid;
99.31(a)(4)(i)(D)

P
  • Unless further limited by state law, the disclosure is to state and local officials or authorities to whom this information is specifically:
99.31(a)(5)(i)
99.31(a)(5)(ii)

P
    • Allowed to be reported or disclosed pursuant to a state statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or
99.31(a)(5)(i)(A)

P 99.31(a)(5)(i)(B)

P 99.31(a)(6)(i)

P
  • The disclosure is to accrediting organizations to carry out accrediting functions;
99.31(a)(7)

P
  • The disclosure is to the parent of a dependent student, as defined in the Internal Revenue Code;
99.31(a)(8)
26 USC 152

P 99.31(a)(9)(i)

P 99.31(a)(10)

P 99.31(a)(11)
99.31(b)

P
  • The disclosure is to the parent of a student who is not an eligible student or to the student.
99.31(a)(12)
99.31(d)

CONDITIONS THAT APPLY TO DISCLOSURE OF INFORMATION TO OTHER EDUCATIONAL AGENCIES OR INSTITUTIONS


P An educational agency or institution that discloses an education record to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, is enrolled, or is receiving services, must: 99.34(a)
99.34(b)
99.31(a)(2)

P
  • Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless:
99.34(a)(1)

P
    • The disclosure is initiated by the parent or eligible student; or
99.34(a)(1)(i)

P
    • The ANNUAL NOTIFICATION of the agency or institution includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer;
99.34(a)(1)(ii)

P
  • Give the parent or eligible student, upon request, a copy of the record that was disclosed; and
99.34(a)(2)

P 99.34(a)(3)

CONDITIONS THAT APPLY TO DISCLOSURE OF INFORMATION FOR FEDERAL OR STATE PROGRAM PURPOSES


P The following officials and authorized representatives may have access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements which relate to those programs: 99.31(a)(3)
99.35(a)

P
  • The comptroller general of the United States;
99.31(a)(3)(i)

P
  • The attorney general of the United States;
99.31(a)(3)(ii)

P
  • The United States secretary of education; or
99.31(a)(3)(iii)

P
  • State and local educational authorities.
99.31(a)(3)(iv)

P Unless there has been CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION or the collection of personally identifiable information is specifically authorized by federal law, the information that is collected for disclosure for federal or state program purposes must: 99.35(b)
99.35(c)

P
  • Be protected in a manner that does not permit personal identification of individuals by anyone except the comptroller general of the United States, the attorney general of the United States, the United States secretary of education, or state and local educational authorities, and representatives; and
99.35(b)(1)
99.31(a)(3)

P
  • Be destroyed when no longer needed for the purpose of audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements which relate to those programs.
99.35(b)(2)
99.35(a)

CONDITIONS THAT APPLY TO DISCLOSURE OF INFORMATION CONCERNING THE JUVENILE JUSTICE SYSTEM


P If reporting or disclosure allowed by state statute concerns the juvenile justice system and the system's ability to effectively service, prior to adjudication, the student whose records are released, an educational agency or institution may disclose education records. 99.38(a)
99.31(a)(5)(i)(B)

P At the request of a juvenile service provider, a local educational agency must disclose to the juvenile service provider confidential information contained in the student's educational records if the student has been:
TEC 37.084(a)
TX Family Code 58.0051(b)
TX Family Code 58.0051(a)(2)

P
  • Taken into custody by a law enforcement officer or probation officer in connection with a proceeding in juvenile or family court; or
TX Family Code 58.0051(b)(1)
TX Family Code 52.01(a)
TEC 37.084(a)

P
  • Referred to a juvenile court for allegedly engaging in delinquent conduct or conduct indicating a need for supervision.
TX Family Code 58.0051(b)(2)
TEC 37.084(a)

D The officials and authorities to whom the records are disclosed must certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under state law, without the prior written consent of the parent of the student. 99.38(b)
TX Family Code 58.0051(e)

P Unless the parent or the eligible student has given written CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION, a RECORD OF ACCESS for information disclosed to a juvenile justice provider must be maintained for seven years from the date the information is disclosed. TX Family Code 58.0051(c)
99.32(d)(3)

P For records provided to a juvenile service provider, a fee equal to the fee charged under the Public Information Act may be charged unless: TX Family Code 58.0051(h)(1)

P
  • A memorandum of understanding between the requesting provider and the disclosing provider prohibits the payment of a fee, provides for a waiver of a fee, or provides an alternate method of assessing a fee.
TX Family Code 58.0051(h)(1)

CONDITIONS THAT APPLY TO DISCLOSURE OF INFORMATION TO ORGANIZATIONS CONDUCTING STUDIES


P Under the Family Educational Rights and Privacy Act and for the purposes of RECORDS, the term organization includes, but is not limited to, federal, state, and local agencies, and independent organizations. 99.31(a)(6)(v)

P

Information may be disclosed to organizations conducting studies for, or on behalf of, educational agencies or institutions to: 

99.31(a)(6)

P
  • Develop, validate, or administer predictive tests;
99.31(a)(6)(i)(A)

P
  • Administer student aid programs; or
99.31(a)(6)(i)(B)

P
  • Improve instruction.
99.31(a)(6)(i)(C)

P The agency or institution may disclose personally identifiable information to organizations conducting studies, and a state or local educational authority or agency headed by the comptroller general of the United States, the attorney general of the United States, the secretary of education, or state and local educational authorities may redisclose personally identifiable information only if: 99.31(a)(6)(ii)
99.31(a)(6)(i)
99.31(a)(3)

P
  • The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information;
99.31(a)(6)(iii)(A)

P
  • The information is destroyed when no longer needed for the purposes for which the study was conducted; and 
99.31(a)(6)(iii)(B)

P
  • It enters into a written agreement with the organization that:
99.31(a)(6)(iii)(C)

D
    • Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;
99.31(a)(6)(iii)(C)(1)

D
    • Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;
99.31(a)(6)(iii)(C)(2)

D
    • Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in the part, by anyone other than representatives of the organization with legitimate interests; or 
99.31(a)(6)(iii)(C)(3)

D
    • Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
99.31(a)(6)(iii)(C)(4)

CONDITIONS THAT APPLY TO A JUDICIAL ORDER OR LAWFULLY ISSUED SUBPOENA


P The educational agency or institution may disclose information to comply with a judicial order or lawfully issued subpoena only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with: 99.31(a)(9)(ii)

P
  • A federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
99.31(a)(9)(ii)(A)

P
  • Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
99.31(a)(9)(ii)(B)

P If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff. 99.31(a)(9)(iii)(A)

P If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself. 99.31(a)(9)(iii)(B)

CONDITIONS THAT APPLY TO DISCLOSURE OF INFORMATION IN HEALTH AND SAFETY EMERGENCIES


P An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. 99.36(a)

P  An educational agency or institution cannot be prevented from: 99.36(b)

P
  • Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community;
99.36(b)(1)

P
  • Disclosing appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or
99.36(b)(2)
99.36(b)(1)

P
  • Disclosing appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.
99.36(b)(3)
99.36(b)(1)

P In making a determination regarding disclosing information in health and safety emergencies, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. 99.36(c)

P If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. 99.36(c)

P If, based on the information available at the time of the determination of a health or safety emergency, there is a rational basis for the determination, the United States Department of Education will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination. 99.36(c)

 
 
Last Updated: Thursday, September 24, 2015