Learn when a school official's personal observations are considered education records

Abstract

The Family Educational Rights and Privacy Act generally prohibits a college or university from disclosing personally identifiable information in a student's education record to a third party without consent. However, in an April 2023 guidance document, the Student Privacy Policy Office explained that “information that a school official obtains through personal knowledge or observation . . . is generally not protected by FERPA's limitations on the disclosure of education records, even if that information is also contained in an education record.” ( Student Privacy Policy Office , Guidance for School Officials on Student Health Records (April 12, 2023).