Family Educational Rights and Privacy Act Regulations (PDF)

1 Family Educational Rights and Privacy Act Regulations 34 CFR Part 99 What limitations exist on the right to inspect and review records? Subpart A-General Subpart C-What are the Section Procedures for Amending Education Records? To which Educational agencies or institutions do these Regulations apply? Section What is the purpose of these How can a parent or eligible Regulations ? student request amendment of the student's education records? What definitions apply to these Regulations ? Under what conditions does a parent or eligible student have the right What are the Rights of parents? to a hearing? What are the Rights of students? What minimum requirements exist for the conduct of a hearing? What must an Educational agency or institution include in its annual notification? Subpart D-May an Educational Agency or Institution Disclose What provisions apply to records of Personally Identifiable a law enforcement unit?

2 Information from Education Records? Subpart B-What are the Rights of Inspection and Review of Section Education Records? Under what conditions is prior Section consent required to disclose information? What Rights exist for a parent or eligible student to inspect and review Under what conditions is prior education records? consent not required to disclose information? May an Educational agency or institution charge a fee for copies of What recordkeeping requirements education records? exist concerning requests and disclosures? 1. What limitations apply to the What information must an redisclosure of information? Educational agency or institution submit to the Office? What conditions apply to disclosure of information to other Where are complaints filed? Educational agencies or institutions? What is the investigation What conditions apply to procedure?

3 Disclosure of information for Federal or State program purposes? What is the content of the notice of investigation issued by the Office? What conditions apply to disclosure of information in health and What are the responsibilities of the safety emergencies? Office in the enforcement process? What conditions apply to How does the Secretary enforce disclosing directory information? decisions? What conditions apply to (Authority: 20 1232g, unless disclosure of information as permitted otherwise noted). by State statute adopted after November 19, 1974, concerning the PART 99 Family Educational . juvenile justice system? Rights AND Privacy ACT ( ferpa ). What definitions apply to the The authority citation for this part nonconsensual disclosure of records by continues to read as follows: postsecondary Educational institutions in connection with disciplinary proceedings (Authority: 20 1232g, unless concerning crimes of violence or non- otherwise noted).

4 Forcible sex offenses? Subpart A-General Subpart E -What are the To which Educational agencies Enforcement Procedures? or institutions do these Regulations apply? Section (a) Except as otherwise noted in , What functions has the Secretary this part applies to an Educational agency delegated to the Office and to the Office or institution to which funds have been of Administrative Law Judges? made available under any program administered by the Secretary, What responsibility does an if- Educational agency or institution have concerning conflict with State or local (1)The Educational institution provides laws? Educational services or instruction, or both, to students; or 2. (2) The Educational agency is authorized The purpose of this part is to set out to direct and control public elementary requirements for the protection of or secondary, or postsecondary Privacy of parents and students under Educational institutions.

5 Section 444 of the General Education Provisions Act, as amended. (b) This part does not apply to an Educational agency or institution solely (Authority: 20 1232g). because students attending that agency or institution receive nonmonetary Note to : 34 CFR through benefits under a program referenced in contain requirements regarding paragraph (a) of this section, if no funds the confidentiality of information under that program are made available to relating to children with disabilities who the agency or institution. receive evaluations, services or other benefits under Part B of the Individuals (c) The Secretary considers funds to be with Disabilities Education Act (IDEA). made available to an Educational agency 34 CFR and identify or institution if funds under one or more the confidentiality of information of the programs referenced in paragraph requirements regarding children and (a) of this section- infants and toddlers with disabilities and their families who receive evaluations, (1) Are provided to the agency or services, or other benefits under Part C.

6 Institution by grant, cooperative of IDEA. 34 CFR through agreement, contract, subgrant, or contain the confidentiality of subcontract; or (2) Are provided to information requirements that apply to students attending the agency or personally identifiable data, information, institution and the funds may be paid to and records collected or maintained the agency or institution by those pursuant to Part B of the IDEA. students for Educational purposes, such as under the Pell Grant Program and the What definitions apply to these Guaranteed Student Loan Program Regulations ? (Titles IV-A-l and IV-B, respectively, of the Higher Education Act of 1965, as The following definitions apply to this amended). part: (d) If an Educational agency or "Act" means the Family Educational institution receives funds under one or Rights and Privacy Act of 1974, as more of the programs covered by this amended, enacted as section 444 of the section, the Regulations in this part General Education Provisions Act.

7 Apply to the recipient as a whole, including each of its components (such (Authority: 20 1232g). as a department within a university). "Attendance" includes, but is not limited (Authority: 20 1232g) to- What is the purpose of these (a) Attendance in person or by paper Regulations ? correspondence, videoconference, 3. satellite, Internet, or other electronic address; telephone listing; electronic information and telecommunications mail address; photograph; date and place technologies for students who are not of birth; major field of study; grade physically present in the classroom; and level; enrollment status ( , undergraduate or graduate, full-time or (b) The period during which a person is part-time); dates of attendance;. working under a work-study program. participation in officially recognized activities and sports; weight and height (Authority: 20 1232g) of members of athletic teams; degrees, honors and awards received; and the Biometric record, as used in the most recent Educational agency or definition of personally identifiable institution attended.

8 Information, means a record of one or more measurable biological or (b) directory information does not behavioral characteristics that can be include a student's . used for automated recognition of an individual. Examples include (1) Social security number; or fingerprints; retina and iris patterns;. voiceprints; DNA sequence; facial (2) Student identification (ID) number, characteristics; and handwriting. except as provided in paragraph (c) of this section. (Authority: 20 1232g). (c) directory information includes a "Dates of attendance" student ID number, user ID, or other unique personal identifier used by the (a) The term means the period of time student for purposes of accessing or during which a student attends or communicating in electronic systems, attended an Educational agency or but only if the identifier cannot be used institution.

9 Examples of dates of to gain access to education records attendance include an academic year, a except when used in conjunction with spring semester, or a first quarter. one or more factors that authenticate the user's identity, such as a personal (b) The term does not include specific identification number (PIN), password, daily records of a student's attendance at or other factor known or possessed only an Educational agency or institution. by the authorized user. (Authority: 20 1232g (a)(5)(A)) (Authority: 20 1232g(a)(5)(A)). " directory information" means Disciplinary action or proceeding . information contained in an education means the investigation, adjudication, or record of a student that would not imposition of sanctions by an generally be considered harmful or Educational agency or institution with an invasion of Privacy if disclosed.

10 Respect to an infraction or violation of the internal rules of conduct applicable (a) directory information includes, to students of the agency or institution. but is not limited to, the student's name;. 4. "Disclosure" means to permit access to (3)(i) Records relating to an individual or the release, transfer, or other who is employed by an Educational communication of personally agency or institution, that: identifiable information contained in education records by any means, (A) Are made and maintained in the including oral, written, or electronic normal course of business;. means, to any party except the party identified as the party that provided or (B) Relate exclusively to the individual created the record. in that individual's capacity as an employee; and (Authority: 20 1232g(b)(1) and (b)(2)) (C) Are not available for use for any other purpose.