School Counselor Sued Following Student Suicide

oldfort
Tue, 06 Dec 2016 00:10:16 +0000

I have posted this a few times about FERPA, but here it is again:

However, although
the rights under FERPA have now transferred to the student, a school may disclose information
from an “eligible student’s” education records to the parents of the student, without the student’s
consent, if the student is a dependent for tax purposes. Neither the age of the student nor the
parent’s status as a custodial parent is relevant. If a student is claimed as a dependent by either
parent for tax purposes, then either parent may have access under this provision.

May a postsecondary institution disclose to a parent, without the student’s consent,
information regarding a student’s violation of the use or possession of alcohol or a
controlled substance?
Yes, if the student is under the age of 21 at the time of the disclosure. FERPA was amended in
1998 to allow such disclosures

If the school district or
school determines that there is an articulable and significant threat to the health or safety of the
student or other individuals and that a party needs personally identifiable information from
education records to protect the health or safety of the student or other individuals, it may
disclose that information to such appropriate party without consent.