§99.31 Under what conditions is prior consent not required to disclose information? What is directory information? (b) Statutory Rape. (3) For each request or disclosure the record must include: (i) The parties who have requested or received personally identifiable information from the education records; and. 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. (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). The unlawful seizure, transportation, or detention of a person, or any combination of these actions, against his or her will, or of a minor without the consent of his or her custodial parent(s) or legal guardian. (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. §99.1 To which educational agencies or institutions do these regulations apply? (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. The current regulations can also be found at the Electronic Code of Federal Regulations:Title 34, Part 99--Family Educational Rights and Privacy. (d) An educational agency or institution must inform a party to whom disclosure is made of the requirements of paragraph (a) of this section except for disclosures made under §§99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. One exception to the regulations is student consent. The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. (6) Grades on peer-graded papers before they are collected and recorded by a teacher. (2) If a student has waived his or her rights under paragraph (b)(3)(i) of this section, the educational institution shall: (i) Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and. (b) A postsecondary institution does not have to permit a student to inspect and review education records that are: (1) Financial records, including any information those records contain, of his or her parents; (2) Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. §99.36 What conditions apply to disclosure of information in health and safety emergencies? 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. (1) Withhold further payments under any applicable program; (2) Issue a complaint to compel compliance through a cease and desist order; or. (c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—, (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems, 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 personal identification number (PIN), password or other factor known or possessed only by the authorized user; and. §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) Information that is collected under paragraph (a) of this section must—, (1) Be protected in a manner that does not permit personal identification of individuals by anyone other than the State or local educational authority or agency headed by an official listed in §99.31(a)(3) and their authorized representatives, except that the State or local educational authority or agency headed by an official listed in §99.31(a)(3) may make further disclosures of personally identifiable information from education records on behalf of the educational agency or institution in accordance with the requirements of §99.33(b); and. (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. (a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. (ii) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. (d) Paragraphs (a) and (b) of this section do not require an educational agency or institution or any other party to disclose education records or information from education records to any party except for parties under paragraph (a)(12) of this section. (c) If the educational agency or institution decides not to amend the record as requested, it shall inform the parent or eligible student of its decision and of his or her right to a hearing under §99.21. §99.4 What are the rights of parents? (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. (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. §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? 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). (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student. §99.7 What must an educational agency or institution include in its annual notification? Dates of attendance. §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? 1232g(b)(1)(C), (b)(3), and (b)(5)). They are presented here for your convenience. (iii) A program operated by a local educational agency. § 1232g and the FERPA regulations are found at 34 CFR Part 99. The taking of, or attempting to take, anything of value under confrontational circumstances from the control, custody, or care of a person or persons by force or threat of force or violence or by putting the victim in fear. §99.21 Under what conditions does a parent or eligible student have the right to a hearing? Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority. 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. Once §99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? Attendance includes, but is not limited to—, (a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and. (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. (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. §99.65 What is the content of the notice of investigation issued by the Office? 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. Alleged perpetrator of a crime of violence is a student who is alleged to have committed acts that would, if proven, constitute any of the following offenses or attempts to commit the following offenses that are defined in appendix A to this part: Criminal homicide—manslaughter by negligence, Criminal homicide—murder and nonnegligent manslaughter. Access the SPPO FERPA e-complaint form here. (D) Enforce the terms and conditions of the aid. [53 FR 11943, Apr. (a) If reporting or disclosure allowed by State statute concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released, an educational agency or institution may disclose education records under §99.31(a)(5)(i)(B). (3) Disclosing appropriate information maintained under paragraph (b)(1) of this section to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008]. (2) Make other arrangements for the parent or eligible student to inspect and review the requested records. FERPA’s broad definition of student record includes almost any medium you can think of, … The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, is a federal law designed to protect the privacy of educational records. (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. 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: The term includes, but is not limited to—. (i) An educational agency or institution or other party that releases de-identified data under paragraph (b)(2) of this section does not disclose any information about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code; (ii) The record code is used for no purpose other than identifying a de-identified record for purposes of education research and cannot be used to ascertain personally identifiable information about a student; and. (7) The disclosure is to accrediting organizations to carry out their accrediting functions. §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? 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”). §99.32 What recordkeeping requirements exist concerning requests and disclosures? 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. [53 FR 11943, Apr. §99.33 What limitations apply to the redisclosure of information? §99.12 What limitations exist on the right to inspect and review records? (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—. (iii) An educational agency or institution may disclose personally identifiable information under paragraph (a)(6)(i) of this section, and a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section may redisclose personally identifiable information under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if—. (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. This provision applies to—, (1) Any educational agency or institution; and. 1232g(a)(1) (A), (B), (C), and (D)). A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. (b) The Act and this part do not prevent educational agencies or institutions from giving students rights in addition to those given to parents. (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. 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. Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a). (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. (b) Directory information does not include a student's—. (ii) The legitimate interests the parties had in requesting or obtaining the information. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. (b) If, after an investigation under §99.66, the Secretary finds that an educational agency or institution, other recipient, or third party has complied voluntarily with the Act or this part, the Secretary provides the complainant and the agency or institution, other recipient, or third party with written notice of the decision and the basis for the decision. This policy is designed to work in tandem with FERPA, and nothing in this policy is intended to require or encourage non-compliance with FERPA. (Authority: 20 U.S.C. 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]. 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. The killing of another person through gross negligence. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (a) Incest. (a)(1) When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student. (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record. 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. Note to §99.2: 34 CFR 300.610 through 300.626 contain requirements regarding the confidentiality of information relating to children with disabilities who receive evaluations, services or other benefits under Part B of the Individuals with Disabilities Education Act (IDEA). §99.67 How does the Secretary enforce decisions? §99.12 What limitations exist on the right to inspect and review records? FERPA applies to any educational record (in handwriting, print, tapes, film, electronic, or other media) maintained by Ensign College, regardless of its date of origin, which is directly related to the student. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. (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. [53 FR 11943, Apr. (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. (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. (Authority: 20 U.S.C. 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. Disclosure also includes the provision of access to the educational institution’s career center database of student resumes. (i) Designate the individual or entity as an authorized representative; (A) The personally identifiable information from education records to be disclosed; (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those programs; and. "Education records" include records, files, documents, and other materials that contain information directly related to a student and are maintained by the University. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. (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. FERPA Defined: FERPA stands for the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (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. (2)(i) A State or local educational authority or Federal official or agency listed in §99.31(a)(3) that makes further disclosures of information from education records under §99.33(b) must record the names of the additional parties to which it discloses information on behalf of an educational agency or institution and their legitimate interests in the information under §99.31 if the information was received from: (A) An educational agency or institution that has not recorded the further disclosures under paragraph (b)(1) of this section; or. §99.6 [Reserved] (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. (ii) The procedure for requesting amendment of records under §99.20. To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it. (a)(1) Authorized representatives of the officials or agencies headed by officials listed in §99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. FERPA prohibits the disclosure of a student’s “protected information” to a third party. (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. Of inflicting severe or aggravated bodily injury CFR part 99 ) and b... 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