FERPA Exceptions

Release without student written consent

FERPA allows the institution the right to disclose education records or identifiable information to third parties (i.e., anyone not a “school official”) without the student's consent under the following circumstances:

  • University officials carrying out their specifically assigned educational or administrative responsibilities. This includes contractors, consultants, volunteers and other vended service providers used in the capacity as an official including the IU Foundation and the National Student Clearinghouse. They are required to comply with university security standards.
  • Appropriate officials in connection with a health or safety emergency
  • Federal officers as prescribed by law
  • As required by state law
  • Officials of other institutions at which a student seeks to enroll
  • Persons or organizations providing financial aid to students
  • Accrediting agencies carrying out their functions
  • Parents of a student who have established that student's status as a dependent according to Internal Revenue Code of 1954, Section 152. While permitted under FERPA, IU generally does not use this exception and in most cases will refer the parents to the Third Party Pin tool for access
  • Parents of a student regarding the student’s violation of any Federal, State or local law or policy of the school, governing the use or possession of alcohol or controlled substance if the school determines the student committed a disciplinary violation and is under the age of 21
  • Research projects on behalf of educational agencies for test norms, improving instruction, etc. (provided that the agencies guarantee no personal identification of students)
  • An alleged victim of a crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator. Information may be given only in respect to the crime committed
  • Information the school has designated as “directory information,” or public, may be released if the student has not filed a FERPA restriction
  • In response to a judicial order or lawfully issued subpoena (provided that the student is notified prior to compliance or provided that a reasonable attempt to notify the student has been made)
  • Other law enforcement agencies in the investigation of a specific criminal case
  • Attorney General of the United States or his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes, under the US Patriot Act
  • Veteran’s Administration officials
  • Representatives of the Department of Homeland Security or Immigration and Customs Enforcement, for purposes of the coordinated interagency partnership regulating the Student and Exchange Visitor Information System (SEVIS)