20 USC 1232g: Family Education and Privacy RightsThe text contains the laws in force on January 7, 2011
Title 20-EDUCATIONCHAPTER 31-GENERAL PROVISIONS RELATING TO EDUCATIONSUBCHAPTER III - GENERAL REQUIREMENTS AND CONDITIONS FOR THE OPERATION AND ADMINISTRATION OF EDUCATIONAL PROGRAMS: GENERAL FACULTY OF THE SECRETARIATPart 4-Records; Privacy; Federal Funds Withholding Limitation
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§1232g. Family Educational and Privacy Rights
(a) Conditions for making funds available to educational agencies or institutions; inspection and review of educational records; specific information to be made available; procedure for accessing educational records; reasonableness of time for such access; hearings; explanations written by parents; Definitions
(1)(A) No funds shall be made available under any program applicable to any educational agency or institution that has a policy of denying or effectively preventing parents of students who attend or have attended a school of such agency or institution, as applicable, the right to inspect and review your child's education records. If any material or document in a student's education record includes information about more than one student, the parent of one of those students shall have the right to inspect and review only that portion of such material or document relating to that student or to be informed of the information contained in such part of such material. Each educational agency or institution must establish appropriate procedures for granting a parent's request for access to their child's education records within a reasonable period of time, but in no event more than forty-five days after the request.
(B) No funds shall be made available from any program applicable to any state educational agency (whether an educational agency or institution or not pursuant to this section) that has a policy of effectively denying or preventing parents of students the right to inspect and review the educational records maintained by the state educational agency regarding their children who attend or have attended any school of an educational agency or institution subject to the provisions of this section.
(C) The first sentence of subparagraph (A) shall not operate to make the following materials available to students at institutions of higher learning:
(i) financial records of the student's parents or any information contained therein;
(ii) confidential letters and statements of recommendation, which were placed in educational records prior to January 1, 1975, if such letters or statements are not used for purposes other than those for which they were specifically intended;
(iii) if the student has signed a waiver of student access rights under this subsection pursuant to subparagraph (D), Confidential Recommendations-
(I) in connection with admission to any educational agency or institution,
(II) with respect to a job application, and
(III) on the reception of honors or honorary recognitions.
(D) A student or applicant may waive the right to access confidential statements described in clause (iii) of subparagraph (C), except that such waiver shall apply to recommendations only if (i) the student is, upon request, notified of the names of all persons making confidential recommendations, and (ii) such recommendations are used only for the purpose for which they are specifically intended. Such exemptions may not be required as a condition of admission, receipt of financial aid, or receipt of any other service or benefit from such agency or institution.
(2) No funds shall be made available under any program applicable to any educational agency or institution unless the parents of students who attend or have attended a school of such agency or institution have an opportunity for a hearing by the said agency or institution, in accordance with the Secretary's regulations, to challenge the content of the education records of said students, ensure that the records are not inaccurate, misleading, or otherwise violate the privacy rights of the students, and provide the opportunity to correct or delete any inaccurate or misleading information. or inappropriate data contained therein and insert in such records a written explanation from the parent of the contents of such records.
(3) For purposes of this section, the term "educational agency or institution" means any public or private agency or institution that receives funds from any applicable program.
(4)(A) For purposes of this section, the term "education records" means, unless otherwise provided in subparagraph (B), those records, files, documents, and other materials that
(i) contain information directly related to a student; Is
(ii) are maintained by an educational agency or institution or by a person acting for such agency or institution.
(B) The term "education records" does not include
(i) records of instructional, supervisory, administrative and support educational personnel which are in the sole possession of the manufacturer and which are not accessible or disclosed to any other person except a substitute;
(ii) records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for law enforcement purposes;
(iii) in the case of persons who are employed by an educational agency or institution, but who do not attend such agency or institution, records made and maintained in the ordinary course of business that relate exclusively to that person in that capacity employee, and are not available for your use for any other purpose; either
(iv) records of a student eighteen years of age or older, or attending an institution of higher education, made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional activity. practicing capacity, or assisting in that capacity, and which are made, maintained, or used only in connection with providing treatment to the student and are not available to anyone other than the persons providing such treatment, except that such records may be inspected in person by a physician or other appropriate professional chosen by the student.
(5)(A) For purposes of this section, the term "directory information" relating to a student includes the following: student's name, address, telephone directory, date and place of birth, major area of study, participation in the program, officially recognized activities and sports, weight and height of members of the athletic team, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
(B) Any educational agency or institution that makes directory information publicly must notify the public of the categories of information it has designated as such information with respect to each student attending the institution or agency and must allow a reasonable period of time after that notification has been sent. given to a parent to inform the institution or agency that none or all of the designated information is to be released without the prior consent of the parent.
(6) For purposes of this section, the term "student" includes any person for whom an educational agency or institution maintains educational records or personally identifiable information, but does not include a person who did not attend such agency or institution. .
(b) Disclosure of educational records; parental consent requirement; exceptions; compliance with court orders and subpoenas; audit and evaluation of educational programs funded by the federal government; Registry mantenance
(1) No funds will be made available under any applicable program to any educational agency or institution that has a policy or practice to permit disclosure of educational records (or personally identifiable information contained therein, other than directory information as defined in paragraph (5) ) of subsection (a) of this section) of students without the written consent of their parents to any individual, agency or organization, except for the following-
(A) other school personnel, including teachers within the educational institution or local educational agency, who have been determined by such agency or institution to have legitimate educational interests, including the educational interests of the child for whom consent is required;
(B) officials of other schools or school systems in which the student seeks or intends to enroll, provided the student's parents are notified of the transfer, given a copy of the record, if they so desire, and are given the opportunity for a hearing to challenge the contents of the record;
(C)(i) authorized representatives of the (I) Comptroller General of the United States, (II) the Secretary, or (III) state educational authorities, under the conditions established in paragraph (3), or (ii) representatives authorized by the Attorney General for law enforcement purposes under the same conditions applicable to the Registrar under paragraph (3);
(D) in connection with a student applying for or receiving financial aid;
(E) State and local officials or authorities who are specifically permitted to report or disclose such information in accordance with adopted state statute.
(i) before November 19, 1974, if the complaint or permitted disclosure relates to the juvenile justice system and that system's ability to effectively serve the student whose records are disclosed, or
(ii) after November 19, 1974, if-
(I) the permitted reporter or disclosure refers to the juvenile justice system and that system's ability to effectively serve, prior to adjudication, the student whose records are disclosed; Is
(II) the employees and authorities to whom this information is disclosed certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided by state law without the prior written consent of the parents of the student.1
(F) organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, if such studies are conducted in a manner that allows not allow personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when it is no longer necessary for the purpose for which it was collected;
(G) accreditation bodies to carry out their accreditation functions;
(H) parents of a student dependent on such parents, as defined inarticle 152 of title 26;
(I) subject to the Secretary's regulations, in connection with an emergency, the appropriate persons if knowledge of such information is necessary to protect the health or safety of the student or others;
(J)(i) the entity or persons named in a federal grand jury subpoena, in which case the court shall order, for good cause, that the educational agency or institution (and any employee, director, employee, agent, or attorney of such agency or institution) to which the subpoena is served, not to disclose to any person the existence or contents of the subpoena or any information provided to the grand jury in response to the subpoena; Is
(ii) the entity or persons named in any other subpoena issued for law enforcement purposes, in which case the court or other issuing body may order, for good cause, that the educational agency or institution (and any officer, director , employee, agent, or attorney of said agency or institution) to whom the subpoena is served, not to disclose to any person the existence or content of the subpoena or any information provided in response to the subpoena; Is
(K) The Secretary of Agriculture, or the authorized representative of the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for the purpose of monitoring programs, evaluating, and measuring the performance of State educational agencies and institutions, and local and other organizations that receive funds or provide benefits from 1 or more programs authorized by the Richard B. Russell National School Lunch Act (42 USC 1751 et seq.) or the Child Nutrition Act of 1966 (42 USC 1771 et seq.) whose results will be reported in aggregate form that does not identify any individual, under the conditions that
(i) any data collected under this subsection must be protected in a manner that does not permit personal identification of students and their parents by anyone other than authorized representatives of the Secretary; Is
(ii) any personally identifiable data will be destroyed when the data is no longer needed for program monitoring, evaluations, and performance measurements.
Nothing in subparagraph (E) of this paragraph shall prevent a State from further limiting the number or type of State or local authorities that will continue to have access under this paragraph.
(2) No funds will be made available under any applicable program to any educational agency or institution that has a policy or practice of disclosing or providing access to any personally identifiable information in education records other than directory information, or as permitted by paragraph (1)) of this subsection, unless-
(A) there is written consent from the student's parent specifying the records to be released, the reasons for such disclosure and to whom, and a copy of the records to be released to the student's parent and to the student, if so parents want it, or
(B) except as provided in paragraph (1)(J), such information is provided pursuant to a court order, or pursuant to any lawfully issued subpoena, provided that parents and students are notified of such orders or citations before compliance by the educational institution or body.
(3) Nothing in this section shall prevent authorized representatives of (A) the Comptroller General of the United States, (B) the Secretary, or (C) state educational authorities from accessing student or other records that may be required in connection with the audit and evaluation of federally supported educational programs, or in connection with compliance with federal legal requirements relating to such programs:offered, That, except where federal law specifically authorizes the collection of personally identifiable information, all data collected by such employees must be protected in a manner that does not permit the personal identification of students and their parents by anyone other than those employees , and such Employee personally identifiable data will be destroyed when it is no longer needed for such audit, evaluation, and compliance with federal legal requirements.
(4)(A) Each educational agency or institution shall maintain a register, maintained with the educational records of each student, which shall list all persons (other than those specified in paragraph (1)(A) of this subsection), agencies or organizations that have requested or obtained access to a student's education records maintained by such educational agency or institution and that specifically indicate the legitimate interest that each person, agency, or organization has in obtaining such information. Said access record shall be available only to the parents, the school official and his assistants who are responsible for the custody of said records, and to authorized persons or organizations and under the conditions of clauses (A) and (C) of paragraph (1). ) as a means of auditing system performance.
(B) With respect to this subsection, personal information will only be transferred to a third party on the condition that such third party will not permit another person to have access to such information without the written consent of the student's parent. If a third party outside of the educational agency or institution allows access to the information in violation of paragraph (2)(A), or fails to destroy the information in violation of paragraph (1)(F), the educational agency or institution is prohibited from to allow access to information from educational records to third parties for a period of not less than five years.
(5) Nothing in this section shall be construed to prohibit state and local educational officials from having access to student records or other records that may be necessary in connection with the audit and evaluation of any federally sponsored educational program or state or in connection with compliance with federal legal requirements related to such program, subject to the conditions specified in paragraph (3) of the clause.
(6)(A) Nothing in this section shall be construed to prohibit an institution of postsecondary education from disclosing to an alleged victim any crime of violence (as that term is defined insection 16 of title 18), or an unforced sexual offence, the final results of any disciplinary proceeding conducted by said institution against the alleged perpetrator of said crime or offense in connection with said offense or offence.
(B) Nothing in this section shall be construed to prohibit an institution of higher education from disclosing the final results of any disciplinary proceeding conducted by such institution against a student who is the alleged perpetrator of any crime of violence (as defined the term insection 16 of title 18), or an unforced sexual offense, if the institution determines as a result of this disciplinary process that the student has committed a violation of the rules or policies of the institution with respect to such offense or offense.
(C) For purposes of this paragraph, the final results of any disciplinary action
(i) will include only the student's name, the offense committed, and any sanction imposed by the institution on that student; Is
(ii) may include the name of any other student, such as a victim or witness, only with the written consent of that other student.
(7)(A) Nothing in this section shall be construed to prohibit an educational institution from disclosing information provided to the institution pursuant to section 14071.2of Title 42 on registered sex offenders who are required to register under that section.
(B) The Secretary shall take the appropriate steps to notify educational institutions that disclosure of the information described in subparagraph (A) is permitted.
c) Surveys or data collection activities; regulations
Within 240 days after October 20, 1994, the Secretary shall adopt appropriate regulations or procedures, or identify existing regulations or procedures, that protect the privacy rights of students and their families in connection with any survey or research activity. data collection conducted, assisted, or authorized by the Secretary or an administrative head of an educational agency. The rules established in this subsection will include provisions that control the use, dissemination, and protection of said data. The Secretary or an administrative head of an educational agency under an applicable program shall not conduct data collection or survey activities, unless such activities are authorized by law.
(d) Permission or consent of students, not parents
For purposes of this section, provided that a student has reached eighteen years of age or is attending an institution of postsecondary education, the required permission or consent and the rights granted to the student's parent shall only be subsequently required and granted. for the student.
(e) Inform parents or students of the rights in this section
No funds will be made available under any program applicable to any educational agency or institution unless such agency or institution effectively informs the parents of the students, or to the students if they are eighteen years of age or older or are attending an educational institution. . -secondary education, of the rights conferred by this section.
(f) Execution; termination of assistance
The Secretary shall take appropriate action to enforce this section and address violations of this section in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary discovers that there has been a violation of this section, and determined that compliance cannot be ensured by voluntary means.
g) Cabinet and examining board; creation; functions
The Secretary shall establish or designate an office and a review board within the Department for the purpose of investigating, prosecuting, reviewing, and adjudicating violations of this section and complaints that may be filed relating to alleged violations of this section. Except for the conduct of hearings, none of the duties of the Secretary under this section shall be performed in any of the regional offices of said Department.
(h) Disciplinary files; disclosure
Nothing in this section shall prohibit an educational agency or institution from
(1) include appropriate information in the educational record of any student regarding the disciplinary action taken against that student for conduct that poses a significant risk to the safety or well-being of that student, other students, or other members of the school community; either
(2) disclose such information to teachers and school personnel, including teachers and personnel of other schools, who have a legitimate educational interest in student behavior.
(i) Disclosures of drug and alcohol violations
Nothing in this Act or in the Higher Education Act of 1965 [20 USC 1001 and beyond,42 USC 2751 et seq.] shall be construed to prohibit an institution of higher education from disclosing to a parent or legal guardian of a student information regarding any violation of any federal, state, or local law, or any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's education records, unless
(A) the student is under the age of 21; Is
(B) the institution determines that the student has committed a disciplinary offense with respect to such use or possession.
(2) State Disclosure Law
Nothing in paragraph (1) shall be construed to supersede any provision of state law that prohibits an institution of higher education from making the disclosure described in subsection (a) of this section.
j) Investigation and prosecution of terrorism
Notwithstanding subsections (a) through (i) of this section or any provision of state law, the Attorney General (or any Federal officer or employee, in a capacity not less than Assistant Attorney General, designated by the Attorney General ) may file a written request with a court of competent jurisdiction for an ex parte order that requires an educational agency or institution to allow the Attorney General (or his designee) to
(A) collect educational records in the possession of the educational agency or institution that are relevant to an authorized investigation or prosecution of a crime listed insection 2332b(g)(5)(B) of title 18, or an act of domestic or international terrorism as defined in section 2331 of that title; Is
(B) for official purposes related to the investigation or prosecution of an offense described in paragraph (1)(A), preserve, disseminate and use (including as evidence in a lawsuit or in other administrative or judicial proceedings) such records, in accordance with the guidelines that the Attorney General, after consultation with the Secretary, will issue to protect confidentiality.
(2) Application and approval
(B) The court shall issue an order described in subparagraph (1) if it finds that the request for the order includes the certification described in subparagraph (A).
(3) Protection of the educational agency or institution
An educational agency or institution that, in good faith, produces education records pursuant to an order issued under this subsection shall not be liable to any person for such production.
(4) record keeping
Subsection (b)(4) of this section does not apply to education records subject to a court order under this subsection.
References in the text
The Richard B. Russell National School Lunch Act, referenced in subsection. (b)(1)(K), is actJune 4, 1946, none. 281, 60 State. 230, which is generally classified aschapter 13 (§1751 et seq.) of Title 42, Public Health and Well-being. For the complete classification of this Law to the Code, see the note of the Abbreviated Titlesection 1751 of title 42and tables.
The Child Nutrition Act of 1966, referred to in subsection. (b)(1)(K), isBar. L. 89-642, October 11, 1966, 80 Stat. 885, which is generally classified aschapter 13A (§1771 et seq.) of Title 42, Public Health and Well-being. For the complete classification of this Law to the Code, see the note of the Abbreviated Titlesection 1771 of title 42and tables.
Title 42 Section 14071, referred to in subsection (b)(7)(A), was revoked byBar. L. 109–248, title I, §129(a), July 27, 2006, 120 Stat. 600.
This Act, referred to in subsection (i)(1), isBar. L. 90–247, January. 2, 1968, 80 Stat. 783, known as the Elementary and Secondary Education Amendments of 1967. Title IV of the Act, known as the General Education Provisions Act, falls broadly under this chapter. For the full classification of this Act to the Code, see the Abbreviated Title of the 1968 Amendment Note established atsection 6301 of this titleand tables.
The Higher Education Law of 1965, mentioned in subsection. (i)(1), isBar. L. 89–329, November. 8, 1965, 79 Stat. 1219, which is generally classified aschapter 28(§1001 et seq.) of this title and part C (§2751 et seq.) of subsection I of thechapter 34 title 42, Public Health and Well-being. For the complete classification of this Law to the Code, see the note of the Abbreviated Titlesection 1001 of this titleand tables.
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Subsection (a)(3) through (6).
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1 So in the original. The period should probably be a semicolon.
2See References in the text note below.