Are schools required to record the disclosure of PII from students’ education records whenever they make disclosures?

Subject to certain exceptions addressed below, schools must maintain a record of each request for access to and each disclosure of PII from the education records of each student, as well as the names of State and local educational authorities and federal officials and agencies listed in § 99.31(a)(3) that may make further disclosures of PII from students’ education records without consent.  The school must maintain the record with the education records of the student as long as the education records are maintained.      

For each request or disclosure, the record must include:  1) the parties who have requested or received PII from the education records; and, 2) the legitimate interest the parties had in requesting or obtaining the information (i.e., under which exception to consent was the disclosure made).  The school must record additional information whenever it discloses PII from a student’s education records in connection with a health or safety emergency.  There are other requirements that relate to recording further disclosures made by State and local authorities and federal officials and agencies listed under § 99.31(a)(3) with which schools should be familiar.  See § 99.32(a)(4).

Schools do not have to record disclosures of PII from education records that were made to:  1) the parent or eligible student; 2) a school official under § 99.31(a)(1); 3) a party with written consent from the parent or eligible student; 4) a party seeking directory information; or 5) a party seeking or receiving records in accordance with the provisions in FERPA related to disclosures pursuant to certain types of subpoenas or court orders as set forth in § 99.31(a)(9)(ii)(A)-(C).  See § 99.32(d).