When the health records of students do not impact the students’ education or academic performance, does being a member of the school staff automatically qualify as “a legitimate need to know”?
No. The FERPA regulations say student records may be released to school officials “whom the agency or institution has determined to have legitimate educational interests.” See 34 C.F.R. § 99.31 (2004). Not all school staff will have “legitimate education interests” in the information. The school district must set policy on release of information, within the limits of the FERPA regulations.
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