FERPA Allows Districts to Release Contact Information Under Certain Conditions

In Disability Law Center of Alaska, Inc. V. Anchorage School District, 53 IDELR 2, 581 F.3d 936 (9th Circuit 2009), the court determined that FERPA and the provisions of the IDEA regarding confidentiality do not bar a Protection and Advocacy (P & A) agency from obtaining from school officials contact information for the parents/guardians of diabled students when the P & A agency has probable cause to believe students are being abused or neglected. According to Court records, "The agencies stated that 'if a school or other facility could refuse to provide the name and contact information, it could interfere substanially with a [protection and advocacy agency's ] investigation of abuse or neglect, thereby thwarting Congress' intent that [protection and advocacy agencies] act to protect vulnerable populations from abuse or neglect.'" Although FERPA prohibits releasing personally identifiable information without parental consent or court order, the U.S. Department of Education and the U.S. Department of Health and Human Services have interpreted the Developmental Disabilities Act as creating a limited exception to FERPA.