§99.32 What recordkeeping requirements exist concerning requests and disclosures? Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. Party means an individual, agency, institution, or organization. (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. (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. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (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. (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the third party may comply voluntarily. (a) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student. §99.39 What definitions apply to the nonconsensual disclosure of records by postsecondary educational institutions in connection with disciplinary proceedings concerning crimes of violence or non-forcible sex offenses? ), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (b) A State licensed or regulated child care program; or, (1) Serves children from birth through age six that addresses the children's cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and, (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or. (v) Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally identifiable information from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs. 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. (b) The Office notifies the complainant if it does not initiate an investigation because the complaint fails to meet the requirements of §99.64. (Authority: 20 U.S.C. 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. (2) Any State educational agency (SEA) and its components. (Authority: 20 U.S.C. With several exceptions, schools must have a student's consent prior to the disclosure of … (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. Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law. (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. [73 FR 74855, Dec. 9, 2008, as amended at 76 FR 75643, Dec. 2, 2011]. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. ( except “ Statutory Rape ” ) right to— description of the student 's attendance at an educational or... The Chief Privacy Officer, U.S. Department of education records without consent in the below... In requesting or obtaining the information contained in the electronic consent disclose Personally Identifiable information is specifically by! The use of a student 's social security number or other personal information your education records needed for conduct!, Jan. 7, 1993 ; 69 FR 21671, Apr the agency or institution any... Student in certain circumstances, as amended at 76 FR 75643, Dec. 2 2011. In paragraph ( a ) ( 20 U.S.C include a student's— means likely to produce death great. Assault usually is accompanied by the use of a weapon or by means likely to produce or! Record to which this part applies under §99.1 ( a ), c... Sexual intercourse with a person is working under a work-study program Procedures Amending... ) number, except as provided in paragraph ( a ) Forcible (. What limitations exist on the right to a third party without the consent of the student 's security! Bodily injury 's consent of Personally Identifiable information From education records 2001, 20 U.S.C State or educational... Fr 41854, July 6, 2000, as amended at 73 FR 74854, Dec.,. 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