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When May an Education Record be Disclosed in Connection with a Health or Safety Emergency?

If an educational institution determines that there is an “articulable and significant threat to the health or safety of a student or other individual, it may disclose the information to any person, including parents, whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.”

In making such a determination, an educational institution “may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals.

If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department [of Education] will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination.”

Time permitting, you should always consult with Campus Police about any health or safety emergency before disclosing education records to anyone who is not a school official with a legitimate educational interest.

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