Does FERPA permit the disclosure of personally identifiable information (PII) from education records to officials of a state’s juvenile justice system?
FERPA permits schools to non-consensually disclose PII from education records to state and local officials or other authorities if the disclosure is allowed by a state law adopted after November 19, 1974, and if the disclosure concerns the juvenile justice system and its ability to serve, prior to adjudication, the student whose records are disclosed. See §§ 99.31(a)(5) and 99.38. The officials and authorities to whom such information is disclosed must certify in writing to the school that the information will not be provided to any other party, except as provided for under state law without written consent.