11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 61 FR 59296, Nov. 21, 1996; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008; 74 FR 401, Jan. 6, 2009; 76 FR 75641, Dec. 2, 2011]. (d) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under §99.21. Q: What is a student record under FERPA? 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. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 73 FR 74851, Dec. 9, 2008]. Subpart E—What Are the Enforcement Procedures? (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii) Made, maintained, or used only in connection with treatment of the student; and, (iii) Disclosed only to individuals providing the treatment. They are presented here for your convenience. 1232g(a)(1) (A), (B), (C), and (D)). You can find FERPA's "disclosure" definition on page 153 of the 2012 AACRAO FERPA Guide. §99.61 What responsibility does an educational agency or institution, a recipient of Department funds, or a third party outside of an educational agency or institution have concerning conflict with State or local laws? (16) The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? (b)(1) Paragraph (a) of this section does not prevent an educational agency or institution from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if—, (i) The disclosures meet the requirements of §99.31; and, (ii)(A) The educational agency or institution has complied with the requirements of §99.32(b); or. Alleged perpetrator of a nonforcible sex offense means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008]. (d) If an educational agency or institution receives funds under one or more of the programs covered by this section, the regulations in this part apply to the recipient as a whole, including each of its components (such as a department within a university). (d) Paragraph (a) of this section does not apply if the request was from, or the disclosure was to: (2) A school official under §99.31(a)(1); (3) A party with written consent from the parent or eligible student; (4) A party seeking directory information; or. §99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? (B) A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party—. (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—. The carnal knowledge of a person, 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 temporary or permanent mental or physical incapacity (or because of his or her youth). 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. If another recipient of Department funds under any program administered by the Secretary or a third party to which personally identifiable information from education records has been non-consensually disclosed determines that it cannot comply with the Act or this part due to a conflict with State or local law, it also must notify the Office within 45 days, giving the text and citation of the conflicting law. The term includes, but is not limited to—. FERPA Restricts Disclosure of Student Records. One exception to the regulations is student consent. (b) Statutory Rape. (iii) Upon request of an educational agency or institution, a State or local educational authority or Federal official or agency listed in §99.31(a)(3) that maintains a record of further disclosures under paragraph (b)(2)(i) of this section must provide a copy of the record of further disclosures to the educational agency or institution within a reasonable period of time not to exceed 30 days. (Authority: 20 U.S.C. (5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically—, (A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or. 34 CFR 300.610 through 300.627 contain the confidentiality of information requirements that apply to personally identifiable data, information, and records collected or maintained pursuant to Part B of the IDEA. (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. (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section. (ii) An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. (d) If the Office finds that a State or local educational authority, a Federal agency headed by an official listed in §99.31(a)(3), or an authorized representative of a State or local educational authority or a Federal agency headed by an official listed in §99.31(a)(3), improperly rediscloses personally identifiable information from education records, 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 improper redisclosure access to personally identifiable information from education records for at least five years. The FERPA Safeguarding Recommendations recognize that no system for maintaining and transmitting education records, whether in paper or electronic form, can be guaranteed safe from every hacker and thief, technological failure, violation of administrative rules, and other causes of unauthorized access and disclosure. (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. The General Education Provisions Act, as amended by the Improving America’s Schools Act of 1994, requires education records to be retained for at least three years. §99.66 What are the responsibilities of the Office in the enforcement process? (c) A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. (ii) A revocation under paragraph (c)(3)(i) of this section must be in writing. (ii) An SEA and its components are subject to subpart B of this part if the SEA maintains education records on students who are or have been in attendance at any school of an educational agency or institution subject to the Act and this part. §99.65 What is the content of the notice of investigation issued by the Office? The FERPA statute is found at 20 U.S.C. (b)(1) Records of a law enforcement unit means those records, files, documents, and other materials that are—, (ii) Created for a law enforcement purpose; and. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. (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—. (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. (3) The disclosure is, subject to the requirements of §99.35, to authorized representatives of—. (b) The educational agency or institution shall decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request. While FERPA and state law protect the privacy of educational records, directory information is not treated as confidential and may be disclosed by the university without student consent unless the student requests a privacy hold (see definition below). 1234c). 1232g(b)(1) and (b)(2)) (2) Directs the agency or institution, other recipient, or third party to submit a written response and other relevant information, as set forth in §99.62, within a specified period of time, including information about its policies and practices regarding education records. §99.35 What conditions apply to disclosure of information for Federal or State program purposes? (Authority: 20 U.S.C. Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, Title 34, Part 99--Family Educational Rights and Privacy, 20 U.S.C. §99.3 What definitions apply to these regulations? (c) Intimidation. (Authority: 20 U.S.C. (2) Nothing in this section prevents an educational agency or institution from disclosing education records, or personally identifiable information from education records, to a parent without the prior written consent of an eligible student if the disclosure meets the conditions in §99.31(a)(8), §99.31(a)(10), §99.31(a)(15), or any other provision in §99.31(a). Note: Forcible Fondling includes “Indecent Liberties” and “Child Molesting.”. Note: By definition there can be no “attempted” assaults, only “completed” assaults. [53 FR 11943, Apr. The University shall consider all requests for a student's information with a priority of maintaining student privacy while recognizing legitimate uses of this information. (b) The period during which a person is working under a work-study program. FERPA gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. 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