(3) Give the parent or eligible student, upon request, an opportunity for a hearing under subpart C. (b) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if: (1) The student is enrolled in or receives services from the other agency or institution; and. §99.21 Under what conditions does a parent or eligible student have the right to a hearing? (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user. (3) Identify the party or class of parties to whom the disclosure may be made. (a) Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the … (b) Nothing in this Act or this part shall prevent an educational agency or institution from—. "Education records" include records, files, documents, and other materials that contain information directly related to a student and are maintained by the University. The killing of another person through gross negligence. §99.3 What definitions apply to these regulations? Notes are a student record and not considered public information. (Authority: 20 U.S.C. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). 14071, and the information was provided to the educational agency or institution under 42 U.S.C. (Authority: 20 U.S.C. (2) A party that receives a court order or lawfully issued subpoena and rediscloses personally identifiable information from education records on behalf of an educational agency or institution in response to that order or subpoena under §99.31(a)(9) must provide the notification required under §99.31(a)(9)(ii). (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—. 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. 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. (b)(1) De-identified records and information. In addition to permitting the disclosure of directory information, as set forth above, FERPA permits disclosure of educational records without a student’s knowledge or consent under certain circumstances. (a)(1) Each educational agency or institution shall annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under the Act and this part. 34 CFR 303.402 and 303.460 identify the confidentiality of information requirements regarding children and infants and toddlers with disabilities and their families who receive evaluations, services, or other benefits under Part C of IDEA. (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. (13) The disclosure, subject to the requirements in §99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. [53 FR 11943, Apr. 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. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74853, Dec. 9, 2008]. (ii) Those letters and statements are related to the student's: (A) Admission to an educational institution; (C) Receipt of an honor or honorary recognition. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? This disclosure is prohibited whether it is made by hand delivery, verbally, fax, mail, or electronic transmission. (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. §99.63 Where are complaints filed? Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. (iii)(A) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff. Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a). 1232g(b)(4)(B), (f), and (g)). FERPA protects from disclosure "education records," broadly defined to include all records directly related to a student and maintained by an educational institution or … (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 written agreement must—. FERPA Defined: FERPA stands for the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (Authority: 20 U.S.C. 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. (c) Sexual Assault With An Object. (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or. (iv) An educational agency or institution or State or local educational authority or Federal agency headed by an official listed in paragraph (a)(3) of this section is not required to initiate a study or agree with or endorse the conclusions or results of the study. [53 FR 11943, Apr. §99.12 What limitations exist on the right to inspect and review records? (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the educational agency or institution or other recipient may comply voluntarily. (b) Following its investigation, the Office provides to the complainant, if any, and the educational agency or institution, other recipient, or third party a written notice of its findings and the basis for its findings. (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. (iii) Destroys the personally identifiable information in accordance with the requirements of paragraphs (b) and (c) of this section. (a) If an educational agency or institution or other recipient of Department funds under any program administered by the Secretary does not comply during the period of time set under §99.66(c), the Secretary may take any legally available enforcement action in accordance with the Act, including, but not limited to, the following enforcement actions available in accordance with part D of the General Education Provisions Act—. (a)(1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another 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 youth or because of his or her temporary or permanent mental or physical incapacity. Note: By definition there can be no “attempted” assaults, only “completed” assaults. §99.8 What provisions apply to records of a law enforcement unit? (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. (b) Statutory Rape. (ii) A State or local educational authority or Federal official or agency that records further disclosures of information under paragraph (b)(2)(i) of this section may maintain the record by the student's class, school, district, or other appropriate grouping rather than by the name of the student. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting. The purpose of this part is to set out requirements for the protection of privacy of parents and students under section 444 of the General Education Provisions Act, as amended. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. Under FERPA regulations, institutions can release directory information about a student, provided that the student has reasonable opportunity to prohibit, in writing, the disclosure of such information. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]. §99.36 What conditions apply to disclosure of information in health and safety emergencies? (f) The decision must be based solely on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. 21, 2004]. (a) The term means the period of time during which a student attends or attended an educational agency or institution. The Office also investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether a third party outside of the educational agency or institution has failed to comply with the provisions of §99.31(a)(6)(iii)(B) or has improperly redisclosed personally identifiable information from education records in violation of §99.33. (d) Forcible Fondling. (a) Aggravated Assault. 1232g(b)(1) and (b)(4)(A)), [53 FR 11943, Apr. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. (Authority: 20 U.S.C. (a) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, an educational agency or institution may charge a fee for a copy of an education record which is made for the parent or eligible student. The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). (c) The educational agency or institution, or SEA or its component shall respond to reasonable requests for explanations and interpretations of the records. [53 FR 11943, Apr. 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. 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). (3) The notice must include all of the following: (i) The procedure for exercising the right to inspect and review education records. [53 FR 11943, Apr. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Any sexual act directed against another 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. 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). Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. (2) Student identification (ID) number, except as provided in paragraph (c) of this definition. (i) The Comptroller General of the United States; (ii) The Attorney General of the United States; (iv) State and local educational authorities. (3) Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if: (i) The student has waived his or her right to inspect and review those letters and statements; and. (ii) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. (Authority: 20 U.S.C. §99.22 What minimum requirements exist for the conduct of a hearing? (2) Are provided to students attending the agency or institution and the funds may be paid to the agency or institution by those students for educational purposes, such as under the Pell Grant Program and the Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, of the Higher Education Act of 1965, as amended). (c) In making a determination under paragraph (a) of this section, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. (e) An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in §99.30 if a student's social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student's records. (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. (b) Directory information does not include a student's—. §99.65 What is the content of the notice of investigation issued by the Office? Below are the regulations at 34 CFR Part 99 implementing section 444 of the General Education Provision Act (GEPA), which is commonly referred to as the Family Educational Rights and Privacy Act (FERPA), and Federal Register Notices of amendments to FERPA. FERPA prohibits the disclosure of a student’s “protected information” to a third party. (iii) Maintained by the law enforcement unit. Party means an individual, agency, institution, or organization. However, educational interest does not constitute authority to disclose information to a third party without the student's written permission. §99.20 How can a parent or eligible student request amendment of the student's education records? (f) While an education agency or institution is not required to give an eligible student access to treatment records under paragraph (b)(4) of the definition of Education records in §99.3, the student may have those records reviewed by a physician or other appropriate professional of the student's choice. 1232g(b)(4)(B), (f) and (g)). (2) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both. Q: What is a student record under FERPA? §99.66 What are the responsibilities of the Office in the enforcement process? (Authority: 20 U.S.C. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. 11, 1988, as amended at 60 FR 3468, Jan. 17, 1995; 61 FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000; 73 FR 74851, Dec. 9, 2008; 76 FR 75641, Dec. 2, 2011]. (a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: (1) The types of personally identifiable information that the agency or institution has designated as directory information; (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and. (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. (3) Is subject to the requirements of §99.33(a) governing the use and redisclosure of personally identifiable information from education records. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement in paragraph (a)(1)(i)(A) of this section. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 73 FR 74851, Dec. 9, 2008]. Parents and eligible students who wish to file a complaint under FERPA should do so by completing the complaint form electronically. (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. (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. 1232g(a)(1) (A), (B), (C), and (D)). (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student. §99.7 What must an educational agency or institution include in its annual notification? (c) An educational agency or institution must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the agency or institution discloses personally identifiable information from education records. (c) Intimidation. (b) The Secretary designates the Office to: (1) Investigate, process, and review complaints and violations under the Act and this part; and. 1232g(b)(4)(B) and (f); 20 U.S.C. FERPA allows educational agency or institution to disclose personally identifiable information from an Education Record of a student without consent if the disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: (2) The collection of personally identifiable information is specifically authorized by Federal law. One exception to the regulations is student consent. 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. See the exceptions at paragraphs (2)(i) and (2)(ii) to the definition of “protected health information” at 45 CFR § 160.103. In accordance with FERPA, disclosure of a student's record without consent may be made in the instances below. (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. §99.31 Under what conditions is prior consent not required to disclose information? §99.31 Under what conditions is prior consent not required to disclose information? §99.36 What conditions apply to disclosure of information in health and safety emergencies? 1232g(b)(6) and 18 U.S.C. (iv) File with the Department a complaint under §§99.63 and 99.64 concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and this part. (iii) A program operated by a local educational agency. (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. (ii) Paragraph (a)(15) of this section does not supersede any provision of State law that prohibits an institution of postsecondary education from disclosing information. (c) If an educational agency or institution places a statement in the education records of a student under paragraph (b)(2) of this section, the agency or institution shall: (1) Maintain the statement with the contested part of the record for as long as the record is maintained; and. (ii) The parties to whom the agency or institution disclosed the information. 9831 et seq. §99.32 What recordkeeping requirements exist concerning requests and disclosures? What materials are considered “educational records?” The U.S. Congress has defined “educational records” as records, files, documents, or any other materials that (1) contain information related to the student; and (2) are maintained by an educational institution or by a person acting on behalf of such an institution. (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. (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. The Family Educational Rights and Privacy Act (FERPA): A Legal Overview Congressional Research Service Summary The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of … (iii) The record code is not based on a student's social security number or other personal information. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed. 1232g(b)(1) and (b)(2)) However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. 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. (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. (2) Provide technical assistance to ensure compliance with the Act and this part. [53 FR 11943, Apr. Appendix A to Part 99—Crimes of Violence Definitions, (a) Except as otherwise noted in §99.10, this part applies to an educational agency or institution to which funds have been made available under any program administered by the Secretary, if—, (1) The educational institution provides educational services or instruction, or both, to students; or. (ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution. §99.6 [Reserved] 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008]. §99.21 Under what conditions does a parent or eligible student have the right to a hearing? (2) Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under §99.3 and that has been properly designated by the educational agency or institution as directory information in the public notice provided under paragraph (a)(1) of this section. §99.20 How can a parent or eligible student request amendment of the student's education records? [53 FR 11943, Apr. §99.10 What rights exist for a parent or eligible student to inspect and review education records? The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §99.5 What are the rights of students? (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section. (b)(1) Except as provided in paragraph (b)(2) of this section, if an educational agency or institution discloses personally identifiable information from education records with the understanding authorized under §99.33(b), the record of the disclosure required under this section must include: (i) The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and. 2331. (c) An individual who is or has been a student at an educational institution and who applies for admission at another component of that institution does not have rights under this part with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution. §99.2 What is the purpose of these regulations? §99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? (ii) The waiver is made in writing and signed by the student, regardless of age. The institution must not disclose the final results of the disciplinary proceeding unless it determines that—, (A) The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and. 1234c). FERPA also permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a student at a postsecondary institution regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious injury if the crime were successfully completed.).
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