The "valid consent" required by the Family Educational Rights and Privacy Act (FERPA) that will authorize a College to disclose or provide access to personally identifiable student information from the records maintained by that educational institution must meet all six of the following requirements:

1) written;

2) signed by the student;

3) dated;

4) stating what records or protected information is to be disclosed;

5) to whom; and,

6) for what purpose.

Failure to meet all six of these requirements renders the "consent" invalid. In addition, the signature must be that of the student.  FERPA makes it clear that the student must sign and FERPA makes no provision for signature by anyone on the student's behalf.  In particular, signing by another via a "power of attorney" is not authorized by FERPA.  Moreover, FERPA makes it clear that a College may not rely on the presence of a signature without taking "reasonable measures" to verify that the signature is, in fact, that of the student.

Lastly, even though a student provides a valid FERPA compliant consent, FERPA makes it clear that a college need not disclose or provide access to protected information to which the student has consented.  That is, an authorization is not a mandate.  It is recommended that the following language be located on each college's FERPA consent form:  

This document, when completed by the student, authorizes, but does not require, the college to disclose personally identifiable information pertaining to the student that is maintained in college records.  The college reserves its right under federal law to decline to disclose such information, when in the exercise of the college's judgment, it determines it is appropriate not to disclose such information.

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