20 U.S.C. disclose PII from students’ education records, without consent, unless the disclosure meets an exception under FERPA. An LEA is prohibited from disclosing PII without the written consent of a parent or eligible student, with ... (FERPA) and coronavirus from the U.S. Department of Education Student FERPA and the Coronavirus Disease 2019 (COVID-19) The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). Under FERPA, may the institution identify that a student has COVID-19 to other students and employees if the institution does not release the name? Featured Resources FERPA and the Coronavirus Disease 2019 (COVID-19) Managing COVID-19 Disruption: FERPA. The FERPA Exceptions Summary is intended to be a handy visual aid to help identify, at a glance, what FERPA exception applies to the data sharing work you are trying to do. COVID-19 Waivers and Flexibilities under the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act) *CORRECTED Version (December 11, 2020) COVID-19 CARES Act Flexibilities Letter to Student Services Grantees (December 3, 2020) COVID-19 Program Match Flexibility Letter to GEAR UP Grantees (December 3, 2020) FERPA generally permits disclosure of education records to technology vendors without consent under the “school official exception.” According to 34 CFR §99.31(a)(i)(B), a technology vendor may be considered a school official for the purposes of FERPA if the vendor: The Chronicle spoke with two experts on Ferpa who clarified which kinds of information on Covid-19 cases are protected under the law: LeRoy Rooker, a … Generally yes, as long as the institution only releases information in non-personally identifiable form. • FERPA does not require an educational agency or institution to enter into an agreement under the school official exception, although it is a best practice to clarify the issues of direct control and legitimate educational interest . §§ 99.30 and 99.31.” Health Or Safety Exception. E. Health or Safety Emergency Exception Allowing Disclosure In very limited situations, like to protect the health and safety of other s, exceptions exist allowing the disclosure of education records of a particular student without consent. • The school’s annual notification of FERPA rights includes its Additionally, the recently-released FERPA and the Coronavirus Disease 2019 (COVID-19) FAQs document identifies questions for school officials regarding the health or safety emergency exception under FERPA in the context of COVID-19. The DoE has made clear in its FAQs that “FERPA permits educational agencies and institutions to FERPA has always had an exception for non-consensual disclosure of education records in health or safety emergencies. §§ 1232g(b)(1) and (b)(2); 34 C.F.R. For all other situations where an exception to FERPA’s general consent requirement does not apply, educational agencies and institutions must obtain prior written consent of a parent or eligible student to disclose PII from student education records. These exceptions, like the other FERPA exceptions, are independent of each other. ... A primary focus of the FAQ is to provide additional information regarding the health and safety exception to FERPA’s general rule that student (or parent) consent is required before disclosing personally identifiable information (PII) to third parties.

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