§1232g.Family educational and privacy rights
(a)Conditions for making funds available to agencies or educational 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; written explanations from parents; Definitions
(1)
(A)No funds will be made available for any program applicable to any agency or educational 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 from their right to inspect and review educational records. of your kids. If any material or document in a student's educational record includes information about more than one student, the parent of such student 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 specific information contained in such part of such material. Each agency or educational institution must establish appropriate procedures for granting a parent's request for access to their child's educational 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 applicable program to any state educational agency (whether or not an educational agency or institution under 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 about your 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 work to make the following materials available to students at higher education institutions:
(eu)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 toJanuary 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 the student's right of access under this subsection pursuant to subparagraph (D), Confidential Recommendations—(EU)in connection with admission to any agency or educational institution,(II)in connection with a job application, and(III)on receiving an honor or honorary recognition.
(D)A student or person applying for admission may waive their right to access confidential statements described in clause (iii) of subparagraph (C), except that such waiver will apply to recommendations only if (i) the student is, upon request, notified of the names of all persons making confidential recommendations and (ii) these recommendations are only used for the purpose for which they were specifically designed. Such waivers cannot 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 will be made available under any applicable program to any educational agency or institution unless parents of students who attend or have attended a school of such agency or institution have the opportunity for a hearing by such agency or institution. , in accordance with the Secretary's regulations, to contest the extent of such student's educational records, to ensure that the records are not inaccurate, misleading, or in violation of students' privacy rights, and to provide an opportunity for the correction or deletion of any inaccurate, misleading or inappropriate data contained therein and insert in such records a written explanation by the parents of the duration 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 “educational records” means, unless otherwise specified in subparagraph (B), those records, files, documents and other materials that:
(eu)contain information directly relating to a student; It is
(ii)are maintained by an agency or educational institution or by a person acting for such agency or institution.
(B)The term “educational records” does not include—
(eu)records of instructional, supervisory and administrative personnel and ancillary educational personnel which are in the exclusive possession of the creator thereof and which are not accessible or disclosed to any other person except a substitute;
(ii)records maintained by a law enforcement unit of the agency or educational institution that were created by that law enforcement unit for law enforcement purposes;
(iii)in the case of persons who are employed by an agency or educational institution but do not attend such agency or institution, records made and maintained in the ordinary course of business that relate solely to that person in his capacity as an employee and are not available for his use for no other purpose; any
(4)records of a student who is eighteen years of age or older, or who is attending an institution of post-secondary education, made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in or assisting in his or her professional or paraprofessional capacity 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 personally reviewed by a physician or other professional appropriate choice of 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 officially recognized activities and recognized sports, weight and height of athletic team members, dates of attendance, degrees and awards received, and most recent previous educational agency or institution attended by the student.
(B)Any agency or educational institution that makes directory information public must publicly notify 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 such notice has been given to a parent to inform the institution or agency that some or all of the designated information should not be disclosed without prior parental consent.
(6)For purposes of this section, the term "student" includes any person for whom an agency or educational institution maintains educational records or personally identifiable information, but does not include a person who has not attended such agency or institution.
(b)Publication of educational records; requirement of parental consent; exceptions; compliance with court orders and subpoenas; audit and evaluation of federally funded educational programs; record keeping
(1)No funds will be made available under any program applicable to any agency or educational institution that has a policy or practice to permit the release of educational records (or personally identifiable information contained therein, other than directory information as defined in paragraph (5) of subsection (a)) from students without the written consent of their parents to any individual, agency, or organization, except as follows:
(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 would be required;
(B)officials of other schools or school systems in which the student seeks or intends to enroll, provided that the student's parents are notified of the transfer, receive a copy of the record if they so desire, and are given the opportunity for a hearing to contest the registration period;
(C)
(eu)authorized representatives of (I) the Comptroller General of the United States, (II) the Secretary, or (III) state educational authorities, under the conditions set forth in paragraph (3), or (ii) authorized representatives of the Attorney General for law enforcement purposes under the same conditions as apply to Registrar under paragraph (3);
(D)in connection with a student applying for or receiving financial aid;
(MI)State and local officials or authorities specifically authorized to report or disclose such information in accordance with adopted state statute:
(eu)beforeNovember 19, 1974, whether the permitted reporting or disclosure concerns the juvenile justice system and that system's ability to effectively serve the student whose records are disclosed, or
(ii)afterNovember 19, 1974, e-(EU)Permissible allegations or disclosures refer to the juvenile justice system and that system's ability to effectively serve, pre-trial, the student whose records are disclosed; It is(II)
(F)organizations that conduct 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 does not permit personal use 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 made;
(GRAMS)accreditation organizations to carry out their accreditation functions;
(H)parents of a student dependent on such parents, as defined inarticle 152 of title 26;
(EU)subject to the Secretary's regulations, in case of emergency, appropriate persons if knowledge of such information is necessary to protect the health or safety of the student or others;
(J)
(eu)the entity or individuals named in a federal grand jury subpoena, in which case the court will order, for cause, that the educational agency or institution (and any officer, director, employee, agent, or attorney of such agency or institution) that the subpoena is served, not to disclose to any person the existence or content of the subpoena or any information provided to the grand jury in response to the subpoena; It is
(ii)the entity or persons named in any other subpoena issued for law enforcement purposes, in which case the court or other issuing agency may order, for cause, that the agency or educational institution (and any officer, director, employee, agent or counsel for such 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;
(K)the Secretary of Agriculture, or an authorized representative of the Food and Nutrition Service or contractors acting on behalf of the Food and Nutrition Service, for purposes of program monitoring, evaluations, and performance measures of state and local educational agencies and institutions, and other benefits they receive for funding or providing benefits from 1 or more programs authorized by the Richard B. Russell National School Lunch Act (42 USC 1751et seq.) or the Child Nutrition Act 1966 (42 USC 1771et seq.) whose results will be reported in an aggregated form that does not identify any individual, with the conditions that:
(eu)any data collected under this subparagraph must be protected in such a way as not to allow personal identification of students and their parents by anyone other than authorized representatives of the Secretariat; It is
(ii)all personally identifiable data will be destroyed when the data is no longer needed for program monitoring, evaluations and performance measurements; It is
(EU)an agency social worker or other representative of a state or local child welfare agency or tribal organization (as defined insection 5304 of title 25), which has the right to access a student's case plan, as defined and determined by the state or tribal organization, where such agency or organization is legally responsible under state or tribal law for the care and protection of the student, provided that the student's educational records, or personally identifiable information contained in such records, are not disclosed by such agency or organization except to a person or entity dedicated to meeting the student's educational needs and authorized by such agency or organization to receive such disclosure and such disclosure is consistent with applicable state or tribal laws that protect the confidentiality of a student's educational records.
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 it.
(2)No funds will be made available for any program applicable to any agency or educational institution that has a policy or practice of disclosing or providing access to any personally identifiable information in educational 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 with a copy of the records to be given to the student's parents and the student if the parents so desire, 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 subpoenas prior to compliance. by the educational institution or agency, except where a parent is a party to a legal proceeding involving child abuse and neglect (as defined in section 3 of the Child Abuse Prevention and Treatment Act (42 USC 5101note)) or dependency issues, and the order is issued in the context of that process, no further parental notification is required by the agency or educational institution.
(3)Nothing in this section shall prevent authorized representatives of (A) the United States Comptroller General, (B) the Secretary, or (C) state education authorities from accessing student records or other records that may be necessary in connection with the audit and evaluation of educational programs supported by the federal government, or in connection with the enforcement of federal legal requirements related to such programs:offered, That, except where federal law specifically authorizes the collection of personally identifiable information, any information collected by such employees will be protected in a manner that does not permit personal identification of students and their parents by anyone other than those employees, and such employees identifiable information. data will be destroyed when no longer needed for such audit, evaluation and compliance with federal legal requirements.
(4)
(A)Each educational agency or institution must maintain a register, along with each student's educational records, which must list all persons (other than those specified in paragraph (1)(A) of this subsection), agencies, or organizations that have requested or obtained access to the a student's educational records maintained by such agency or educational institution, and which will specifically state the legitimate interest each person, agency, or organization has in obtaining such information. Said access record will be available only to the parents, the school official and their assistants who are responsible for the custody of such records, and to the persons or organizations authorized under the conditions of clauses (A) and (C) of the 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 does not allow anyone else to have access to such information without the written consent of the student's parents. If a third party outside the agency or educational institution permits access to the information in violation of paragraph (2)(A), or fails to destroy the information in violation of paragraph (1)(F), the agency or educational institution shall be prohibited from to allow access to the educational record information to such third party 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 or state-sponsored educational program, or in connection with the application of federal law. legal requirements relating to such a program, subject to the conditions specified in the condition of paragraph (3).
(6)
(A)Nothing in this section shall be construed as prohibiting an institution of higher education from disclosing, to an alleged victim, any crime of violence (as the term is defined in thesection 16 of title 18), or a non-compulsory sex crime, the final results of any disciplinary proceedings conducted by said institution against the alleged perpetrator of said crime or offense in relation to said crime or offence.
(B)Nothing in this section shall be construed as prohibiting an institution of higher education from disclosing the final results of any disciplinary proceedings conducted by such institution against a student who is the alleged perpetrator of any crime of violence (as that term is defined insection 16 of title 18), or an unenforced sexual offense, if the institution determines as a result of this disciplinary process that the student has committed a violation of the institution's rules or policies regarding such offense or offense.
(C)For purposes of this paragraph, the end results of any disciplinary proceedings:
(eu)It will only include the name of the student, the offense committed and any sanction imposed by the institution on that student; It is
(ii)You may include the name of any other student, such as a victim or witness, only with that other student's written consent.
(7)
(A)Nothing in this section shall be construed as prohibiting an educational institution from disclosing information provided to the institution pursuant to section 14071.2 2See references in the text note below.
(B)The Secretariat will take the appropriate measures to notify educational institutions that the disclosure of the information described in subsection (A) is permitted.
(C)Surveys or data collection activities; regulations Up to 240 days afterOctober 20, 1994, the Secretary will 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 data collection activity conducted, assisted, or authorized by the Secretary or an administrator. Director of an educational agency. The regulation established in this subsection will include provisions that control the use, disclosure and protection of such data. The Secretary or an administrative head of an educational agency under an applicable program must not conduct any research or data collection activities unless such activities are authorized by law.
(d)Permission or consent from students rather than parents For purposes of this section, provided the student has turned eighteen years of age or is attending an institution of higher learning, the required permission or consent and rights granted to the student's parents will only be required and granted from that time. for the student.
(mi)Inform parents or students of the rights in this section No funds will be made available under any applicable program to any agency or educational institution unless such agency or institution effectively informs the parents of the students, or the students, if they are eighteen years of age or older, or are attending a postgraduate institution. graduation -Secondary education. , of the rights granted by this section.
(F)Application; termination of assistance The Secretary will take appropriate action to enforce this section and to deal with violations of this section in accordance with this chapter, except that action to terminate assistance may be taken only if the Secretary determines that this section has not been complied with. and determined that compliance cannot be assured by voluntary means.
(grams)Cabinet and review board; creation; functions The Secretary shall establish or designate an office and review board within the Department for the purpose of investigating, prosecuting, reviewing and adjudicating violations of this section and complaints that may be filed alleging violations of this section. With the exception of holding hearings, none of the Secretary's functions under this section shall be performed at any of the regional offices of the said Department.
(h)Disciplinary records; disclosureNothing in this section shall prohibit an agency or educational institution from:
(1)include appropriate information in any student's educational record regarding disciplinary action taken against such 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; any
(2)disclose such information to faculty and staff at the school, including faculty and staff at other schools, who have a legitimate educational interest in the student's behavior.
(eu)Disclosures of drug and alcohol violations
(1)In generalNothing in this Act or the Higher Education Act 1965 [20 USC 1001et seq.] shall be construed to prohibit an institution of higher education from disclosing to a parent or legal guardian of a student information relating to 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 such information is contained in the student's educational records, if—
(A)the student is under 21 years of age; It 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).
(j)Investigation and suppression of terrorism
(1)In generalNotwithstanding subsections (a) through (i) or any provision of state law, the Attorney General (or any federal officer or employee, in a capacity no less than the Deputy Attorney General, designated by the Attorney General) may file a written request to a court of competent jurisdiction for an ex parte order requiring an agency or educational institution to allow the Attorney General (or his designee)—
(A)collect educational records in the possession of the agency or educational institution that are relevant to an investigation or authorized 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; It is
(B)for official purposes relating to the investigation or prosecution of an offense described in paragraph (1)(A), retain, disseminate and use (including as evidence in a lawsuit or other administrative or judicial proceedings) such records, in accordance with the guidelines as the Attorney General, in consultation with the Secretary, will issue to protect confidentiality.
(2)application and approval
(A)In general.—A request under paragraph (1) must certify that there are specific, articulable facts that give reason to believe that the educational records are likely to contain the information described in paragraph (1)(A).
(B)The court will issue an order described in subparagraph (1) if it determines that the application for the order includes the certification described in subparagraph (A).
(3)Agency or educational institution protection An agency or educational institution that, in good faith, produces educational 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) does not apply to educational records subject to a court order under this subsection.
(Pub. L. 90–247, Title IV, §444, formerly §438, as addedPub. L. 93–380, Title V, §513(a),August 21, 1974,88 State. 571; modifiedBar. L. 93–568, §2(a),December 31, 1974,88 State. 1858;Bar. L. 96–46, §4(c),August 6, 1979,93 State. 342;Pub. L. 101–542, Title II, §203,November 8, 1990,104 State. 2385;Pub. L. 102–325, title XV, §1555(a),July 23, 1992,106 State. 840; §444 renumbered and amendedPub. L. 103-382, Title II, §§212(b)(1), 249, 261(h),October 20, 1994,108 State. 3913, 3924, 3928;Bar. L. 105-244, title IX, §§951, 952,October 7, 1998,112 State. 1835, 1836;Pub. L. 106–386, div. B, Title VI, §1601(d),October 28, 2000,114 State. 1538;Pub. L. 107–56, title V, §507,October 26, 2001,115 State. 367;Pub. L. 107–110, title X, §1062(3),January 8, 2002,115 State. 2088;Bar. L. 111–296, title I, §103(d),December 13, 2010,124 states. 3192;Bar. L.112–278, §2,January 14, 2013,126 State. 2480.)