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Abstract: 

The primary law governing student records is the Family Educational Rights and Privacy Act, more commonly known as FERPA or the Buckley Amendment (20 USC § 1232g), which places significant limitations on the ability of an education institution or agency to release individually identifiable student information. Disclosure of educational records maintained by colleges and universities is strictly regulated by FERPA, unless disclosure of the records is restricted by other laws, such as the Health Insurance Portability and Accountability Act, also known as the Kassenbaum-Kennedy law (HIPAA; P.L. 104-191), which covers release of medical records. With few exceptions, disclosure of information covered by these laws can only be made with prior written authorization, and schools should exercise caution in disclosing such information under the exceptions permitting disclosure without prior written consent. The following discussion, while not exhaustive, covers some of the principal provisions of these two laws regarding the release of student records.

Keywords: Family Educational Rights and Privacy Act; Health Insurance Portability and Accountability Act;

Affiliations:  1: DeCuir, Clark & Adams, L.L.P..