Other Possible Bases for Release of Student Records

FERPA and Subpoenas

The Tennessee College of Applied Technology - may be required to disclose information pursuant to a court order or lawfully issued subpoena. The Tennessee College of Applied Technology - must make a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the court or issuing agency has prohibited such disclosure.

FERPA and Health Records 45 CFR Part 160; 45 CFR Part 162; 45 CFR Part 164

Your schools’ Office of Disability Services (ODS) normally obtains and maintains health records for each student who applies for accommodations, services, or waivers. If a health record is used to decide regarding a student’s education program, the health record is an education record. In that case the normal FERPA confidentiality provisions apply.

FERPA and Health and Safety Exemption 34 CFR 99.31(a)(10) & 34 CFR 99.36

A health and safety exception permits the disclosure of personally identifiable information from a student’s record in case of an immediate threat to the health or safety of students or other individuals. The school discloses personally identifiable information from an education record to appropriate parties in connection with a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

FERPA and the Patriot Act:

In response to the terrorist attacks on the United States that took place on September 11, 2001, Congress made changes to FERPA. Section 507 of the USA Patriot Act amended FERPA, which now contains 16 exceptions to the general rules. Public Law 107-56; DCL April 12, 2002. The Tennessee College of Applied Technology - complies with the changes made to FERPA because of the USA Patriot Act as outlined in DCL April 12, 2002.

Students may report violations of FERPA or submit questions about FERPA matters to the Tennessee College of Applied Technology -. Complaints or requests for information about FERPA and the Tennessee College of Applied Technology -’s policies related to student records may do so by contacting ________________. Additional information may be found at:

A student also has the right to file a complaint with the U. S. Department of Education concerning alleged failures by the Tennessee College of Applied Technology - to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U. S. Department of Education
400 Maryland Ave. S. W.
Washington, DC 20202-4605
Phone: 202-260-3887
www.ed.gov/officese/OM/fpco