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FOIL-AO-19037

From:   dos.sm.Coog.InetCoog
Sent:    Friday, May 24, 2013 3:31 PM
To:      
Subject:           RE: Question regarding student records

Hi - -

            To put the issues in perspective,  it is appropriate to respond to the second part of your first question: 
“what type of records can be released?”  As you are likely aware, the Family Educational Rights and
Privacy Act (FERPA) generally provides rights of access to a parents to school district records that are
identifiable to their children.  With the proper consent by a parent, records that a parent has the right
to obtain can be disclosed to a third party designated by the parent.

            To disclose to a third party, there must be a “signed and dated written consent” by a parent,  and
§99.30(d) of the FERPA regulations states that:  “Signed and dated written consent under this part may
include a record and signature in electronic form that –
(1)        Identifies and authenticates a particular person as the source of the electronic consent;
and
(2)        Indicates such person’s approval of the information contained in the electronic consent.”
Section 99.30(b) states that “The written consent must:

(1)        Specify the records that may be disclosed;
(2)        State the purpose of the disclosure;  and
(3)        Identify the party or class of parties to whom the disclosure may be made.”

            I know of no particular time within which the records must be disclosed following receipt of the proper authorization.  It has been suggested that the time limitations established by the Freedom of
Information Law should applicable in most instances.

            The best source of guidance concerning student records is the FERPA regulations, which can be found by googling “34 cfr part 99”.

            I hope that I have been of assistance.  Should additional questions arise, please feel free to contact
me.