FERPA regulations, release of de-identified records without consent (34 CFR 99.31(b)(1))
Education data can be released without consent only once all personally identifiable information is removed and the holder has reasonably determined that no student can be identified, counting other available information and repeated releases. That is the route for licensing education data for AI training.
Dated 17 Oct 2026Source checked 17 Oct 2026Basis: primary text
In the source's own words
“(1) De-identified records and information. An educational agency or institution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by § 99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.”
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