Hawaii Administrative Rules › Title 8 - DEPARTMENT OF EDUCATION › Subtitle 2 - EDUCATION › Part 1 - PUBLIC SCHOOL › Chapter 34 - PROTECTION OF EDUCATIONAL RIGHTS AND PRIVACY OF STUDENTS AND PARENTS › Section 8-34-14 - Consent to release records

Current through June, 2024
(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.