HAR §8-34-14. Consent to release records

(a) The department shall not make accessible nor release any education records or personally identifiable information without the written consent of the eligible student or parent. Exceptions to this shall be: (1) Department officials who have a legitimate educational interest in the records; (2) Officials of other schools where the student intends to matriculate, provided the eligible student or parent has prior notification of a request for that information. The eligible student or parent may request a copy of the records for review or request an appointment for a hearing to challenge the contents thereof; (3) Authorized representatives including contractors of: (A) The Comptroller General of the United States; and (B) The United States Secretary of Education; (4) Department staff including contractors who by the nature of their responsibilities must have access to education and other records for audit and evaluation purposes or for the enforcement of certain federal regulations. The data collected shall protect the personal identity of students or their parents and shall be destroyed when the particular project needs or requirements are met; (5) Organizations of educational agencies or institutions for the purpose of developing, validating, and administering predictive tests, if that information will not permit the identification of any person by the organization receiving the information; (6) Department approved accrediting organizations to facilitate the accreditation process; (7) The department may release information from the education records to appropriate persons in connection with an emergency if the knowledge of that information is necessary to protect the health or safety of a student or other persons. The factors which shall be taken into account in determining whether records may be released under this section include: (A)Seriousness of the threat to the health or safety of the student or other persons; (B) Need for the records to meet the emergency; (C) Whether the persons to whom the records are released are in a position to deal with the emergency; and (D) Extent to which time is of the essence in dealing with the situation; (8) Those authorized by state statutes either to receive or to disclose the information before November 19, 1974 which is the effective date of the Family Educational Rights and Privacy Act; (9) Parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954; (10) Appropriate authorities when the information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents or the eligible student are notified of all orders or subpoena in advance of the compliance therewith by the department. (b) Authorization for written consent shall contain the following: (1) Date and signature of person authorizing release of the record; (2) Kinds of records to be released; (3) Reasons for release; and (4) Name of person to receive or examine the records. (c) Where parents are separated or divorced, a written parental consent may be obtained from either parent, subject to any agreement between the parents or court order governing the rights of the parents. (d) In the case of a student, except as provided in subsection (e), a party independent of the institution shall be appointed pursuant to state and local law to give written parental consent. (e) In the case of an exceptional student, as defined chapter 8-36, whose legal guardian is not known, unavailable, or is an institution, a party appointed pursuant to state law and independent of the institution and the department of education shall have authority to give a written parental consent. (f) Personal information shall be transferred to a third party only on condition it will not be shared without the written consent of the eligible student or parent. (g) The department shall give public notice of the kinds of directory information on students that are available. Within ten days after the notice, a parent may request that certain data be withheld except with prior consent. (h) Additional consent procedures shall be as provided in section 8-36-7(6). [Eff. AUG 23, 1984] (Auth: HRS §302A-1112) (Imp: HRS §§302A-1101, 302A-1112; 20 U.S.C. 1232g, 34 C.F.R. 99.30, 99.31, 99.33, 99.34, 99.35, 99.36, 99.37)