FERPA prohibits the disclosure of a student’s “protected information” to a third party. Subpart B—What Are the Rights of Inspection and Review of Education Records? The current regulations can also be found at the Electronic Code of Federal Regulations:Title 34, Part 99--Family Educational Rights and Privacy. §99.12 What limitations exist on the right to inspect and review records? 1232g(b)(1)(C), (b)(3), and (b)(5)). The killing of another person through gross negligence. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed. (Approved by the Office of Management and Budget under control number 1880-0508), (a)(1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to—, (i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or. The touching of the private body parts of another person for the purpose of sexual gratification, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. FERPA gives parents and students more control over their educational records and prohibits educational institutions from disclosing personally identifiable information in education records without written consent. DRAFT FERPA DIRECTORY INFORMATION GLOBAL DEFINITION PROPOSAL 2 Currently, FERPA directory information is defined through policy on an individual college basis, the result of which is a wide variety of definitions across the system. (B) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 1232g (b)(1) and (b)(2)(A)), [53 FR 11943, Apr. (a) An educational agency or institution that discloses an education record under §99.31(a)(2) shall: (1) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: (i) The disclosure is initiated by the parent or eligible student; or. (d) If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution, or SEA or its component, shall—, (1) Provide the parent or eligible student with a copy of the records requested; or. §99.31 Under what conditions is prior consent not required to disclose information? §99.63 Where are complaints filed? §99.31 Under what conditions is prior consent not required to disclose information? (7) The disclosure is to accrediting organizations to carry out their accrediting functions. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law. (A) The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information; (B) The information is destroyed when no longer needed for the purposes for which the study was conducted; and, (C) The educational agency or institution or the State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section enters into a written agreement with the organization that—. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Note: Forcible Fondling includes “Indecent Liberties” and “Child Molesting.”. A notice of findings issued under paragraph (b) of this section to an educational agency or institution, or other recipient that has not complied with a provision of the Act or this part—, (1) Includes a statement of the specific steps that the agency or institution or other recipient must take to comply; and. 1232g (b)(1)(I) and (h)), [53 FR 11943, Apr. (2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English. The term applicable program is defined in section 400 of the General Education Provisions Act. Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs. (e) If the Office finds that a third party, outside the educational agency or institution, improperly rediscloses personally identifiable information from education records in violation of §99.33 or fails to provide the notification required under §99.33(b)(2), then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the violation access to personally identifiable information from education records for at least five years. 2331. (b) The Secretary designates the Office to: (1) Investigate, process, and review complaints and violations under the Act and this part; and. (A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; (B) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and. FERPA’s broad definition of student record includes almost any medium you can think of, … 1232g(a)(1) (A) and (B)), [53 FR 11943, Apr. (b) An educational agency or institution may not charge a fee to search for or to retrieve the education records of a student. (c) The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing. (6) Grades on peer-graded papers before they are collected and recorded by a teacher. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]. This provision applies to—, (1) Any educational agency or institution; and. The taking of, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of a person or persons by force or threat of force or violence or by putting the victim in fear. (1) Performs an institutional service or function for which the agency or institution would otherwise use employees; (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and. A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. (3) For each request or disclosure the record must include: (i) The parties who have requested or received personally identifiable information from the education records; and. (2) Make other arrangements for the parent or eligible student to inspect and review the requested records. Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a). "Education records" include records, files, documents, and other materials that contain information directly related to a student and are maintained by the University. (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. §99.35 What conditions apply to disclosure of information for Federal or State program purposes? (ii) As used in paragraph (a)(4)(i) of this section, financial aid means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an educational agency or institution. (Authority: 20 U.S.C. (d) Paragraphs (a) and (b) of this section do not require an educational agency or institution or any other party to disclose education records or information from education records to any party except for parties under paragraph (a)(12) of this section. (10) The disclosure is in connection with a health or safety emergency, under the conditions described in §99.36. (b) Statutory Rape. (a)(1) When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. §99.3 What definitions apply to these regulations? (C) A description of the activity with sufficient specificity to make clear that the work falls within the exception of §99.31(a)(3), including a description of how the personally identifiable information from education records will be used; (iii) Require the authorized representative to destroy personally identifiable information from education records when the information is no longer needed for the purpose specified; (iv) Specify the time period in which the information must be destroyed; and. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the institution against the student. The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. (ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with—. Unlawful, nonforcible sexual intercourse. (ii) The institution may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student. (ii) Paragraph (a)(5)(i) of this section does not prevent a State from further limiting the number or type of State or local officials to whom disclosures may be made under that paragraph. [53 FR 11943, Apr. (2) The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer. (d) The Office may extend the time limit in this section for good cause shown. (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record. 21, 2004]. (a) If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. (c) Paragraph (a) of this section does not apply to disclosures under §§99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. If the Office determines that an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part, it may also determine whether the failure to comply is based on a policy or practice of the agency or institution or other recipient. 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