FERPA provides that, under certain conditions specified in the law, an institution may disclose personally identifiable information about a student without the student's prior consent. That means that an institution may release education records to certain third parties even though the student has not previously authorized such release.

For example, the institution may disclose information in response to a lawfully-issued subpoena. Information that is otherwise confidential may also be released to appropriate parties without the student's prior consent in connection with an emergency, if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

In addition, education records do not include records of instructional or administrative personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.

The institution may also--without the student's prior consent- disclose personally identifiable information about the student to other school officials within the institution whom the institution has determined to have a legitimate educational interest in the information.

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