1. 3/6/2016 1 SAI 2014-15 Superintendent Mentoring – FERPA Emergencies Matt Carver, J.D., Director of Legal Services tel - 515.267.1115 fax - 515.267.1066

2. 2 3/6/2016 FERPA – Emergencies “... If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals....” (34 CFR 99.36(c)) (Adopted after Virginia Tech) Possible scenarios: (1) Threat made against a particular student. The school may communicate the identity of the student (even name and description) and nature of threat to the family of the target. (2) Threat made against a broader group. The school may communicate whatever information from education records is helpful to protect individuals in a broader group. For instance, if there is an articulable and significant threat against young women or an ethnic or religious group, you may identify the student making the threat.

3. 3 3/6/2016 FERPA - Emergencies “[I]f a teacher overhears a student making threatening remarks to other students, FERPA does not protect that information, and the teacher may disclose what he or she overheard to appropriate authorities.” Balancing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Elementary and Secondary Schools [The point being in this situation is that the overheard comments are not part of a student record. Furthermore, even if they become part of a student’s record, remember that you may share information if there is a significant and articulable threat of harm.] As long as there is a rational basis for your decision to share information, even if it turns out that the student never carries out the threat, or the student was making an inappropriate joke or prank, the United States Department of Education will not substitute its judgment for that of school officials. (34 CFR 99.36(c))