Exceptions to Student Consent for Release of Educational Records

Under FERPA, UNC may disclose your records or identifiable information without your consent under the following circumstances. UNC's policy for releasing information under these circumstances is handled on a case-by-case basis.

  • To other school officials, including teachers, within UNC whom UNC has determined to have legitimate educational interests.  This includes contractors, consultants, volunteers, or other parties to whom UNC has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school where you seek or intend to enroll, or where you are already enrolled if the disclosure is for purposes related to your enrollment or transfer, subject to the requirements of §99.34.  (§99.31(a)(2)) 
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs.  Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.  These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.  (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which you have applied or which you have received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.  (§99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, in order to:  (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.  (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions.  ((§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10))
  • Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39.  The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.  (§99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Specific legislation may be found at

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=11975031b82001bed902b3e73f33e604&rgn=div5&view=text&node=34:1.1.1.1.33&idno=34.