Question 185 - CIPP-US discussion

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA generally requires that schools obtain written consent from students (or their parents if the student is a minor) before disclosing personally identifiable information from education records. However, FERPA allows specific exceptions where disclosures can be made without consent.

One of these exceptions is when a school discloses education records to another school where the student seeks or intends to enroll. This allows educational institutions to share information for legitimate educational purposes, such as transferring transcripts between schools when a student moves or applies for enrollment elsewhere.

Explanation of Options:

A. If the disclosure is not to be conducted through email to the third party: FERPA does not prohibit disclosures via email as long as the recipient is authorized and the disclosure meets FERPA requirements. The medium of disclosure is not a determining factor.

B. If the disclosure would not reveal a student's student identification number: FERPA restricts the disclosure of personally identifiable information but does not specifically regulate disclosures based on whether a student ID number is included unless the number itself compromises the student's privacy.

C. If the disclosure is made to practitioners who are involved in a student's health care: FERPA does not specifically provide an exception for health care practitioners unless the disclosure falls under the 'health and safety emergency' exception, which does not apply to general health care.

D. If the disclosure is for the purpose of providing transcripts to a school where a student intends to enroll: This is correct and aligns with one of the exceptions outlined in FERPA. Schools are permitted to share student records with other educational institutions where a student seeks or intends to enroll without requiring consent.

Reference from CIPP/US Materials:

FERPA (20 U.S.C. 1232g): Governs the disclosure of student education records and details specific exceptions to the consent requirement.

IAPP CIPP/US Certification Textbook: Explains FERPA's consent requirements and exceptions, including disclosures for enrollment purposes.