When enacting the Family Educational Rights and Privacy Act (FERPA) Congress clearly indicated a strong preference for a school to obtain the prior written consent of a student (parent in the K - 12 setting) before disclosing or granting access to anyone to FERPA protected student information. At the same time, Congress recognized that the operational needs of an educational institution (not a system) make obtaining prior consent in every instance impractical and/or unreasonable.

In order to meet the operational needs of a college, and without prejudicing a student, Congress included a limited number of provisions that authorize the disclosure of/access to FERPA protected information without a student's prior written consent. These provisions are to be read narrowly; that is, disclosure/access is not permitted, unless a provision of FERPA clearly states a permissible ground to disclose/provide access to protected information without a student's prior consent. Any doubts are to be resolved against permitting disclosure/access.

Another significant nonconsensual disclosure provision of FERPA relates to "Directory Information."  Directory Information is defined to mean "information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed." "Directory Information" gets its name from the practice at some colleges of publishing a student directory to inform members of the campus community of its student members. Such directories have included identifying, biographical and contact information.

Generally, a college may disclose Directory Information without a student's prior consent at the discretion of the college if, and only if, a college has published in its Annual FERPA Notice the data elements of Directory Information the college has designated and, if and only if, a student has not "opted-out" of Directory Information. A student who wishes not to have her/his Directory Information disclosed must notify the college in the manner the college has set forth in its Annual Notice.  A college is bound to honor the student's request and not disclose that student's Directory Information. 

There is no requirement that a college be consistent in the exercise of its discretion whether or not to disclose Directory Information in each and every case. Additionally, Directory Information is exempt from mandatory disclosure under the Connecticut Freedom of Information Act (FOIA - C.G.S. 1-210 (17) "Educational records which are not subject to disclosure under the Family Educational Rights and Privacy Act, 20 USC 1232g")

Misconception: It is often misunderstood that somehow "Directory Information" is public information ("Public Directory Information"). No information protected by FERPA is public information. FERPA's objective is the polar opposite of making information public - it is to assure the confidentiality of student information, as exemplified by the opt-out provision for Directory Information. Even the data elements that are designated as Directory Information are first and foremost protected by FERPA.  FERPA merely gives colleges the option, if a college chooses to exercise the option, to disclose what it has notified students to be Directory Information.

Implied Disclosures Not Permitted: FERPA prohibits disclosing implicitly of what is prohibited from disclosure explicitly.  In other words, while Directory Information may be disclosed at a college's discretion (except for students who have opted-out), care must be taken not to disclose nonDirectory Information when disclosing Directory Information. For example, if a college has included student names and addresses as Directory Information, but not a student's year in school, a college may provide the names and addresses of all students as Directory Information.  However, a college may not disclose student names and addresses for all first year students under the guise of Directory Information. While student names and addresses are Directory Information, a student's year in school is not. By disclosing just the names and addresses of only first year students, an impermissible disclosure of year in school would occur.