(10) The disclosure is in connection with a health or safety emergency, under the conditions described in §99.36. The hearing required by §99.21 must meet, at a minimum, the following requirements: (a) The educational agency or institution shall hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student. FERPA sets certain limits on the disclosure of student records. §99.8 What provisions apply to records of a law enforcement unit? (1) Performs an institutional service or function for which the agency or institution would otherwise use employees; (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and. They are as follows: ACCESS TO RECORDS (2) Indicates such person's approval of the information contained in the electronic consent. (c) A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. 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. (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. DRAFT FERPA DIRECTORY INFORMATION GLOBAL DEFINITION PROPOSAL 2 Currently, FERPA directory information is defined through policy on an individual college basis, the result of which is a wide variety of definitions across the system. 14071 and applicable Federal guidelines. (2) Student identification (ID) number, except as provided in paragraph (c) of this definition. (2) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained. 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. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and. (B) Another State or local educational authority or Federal official or agency listed in §99.31(a)(3). (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. (2) Nothing in this section prevents an educational agency or institution from disclosing education records, or personally identifiable information from education records, to a parent without the prior written consent of an eligible student if the disclosure meets the conditions in §99.31(a)(8), §99.31(a)(10), §99.31(a)(15), or any other provision in §99.31(a). (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—. (Authority: 20 U.S.C. §99.12 What limitations exist on the right to inspect and review records? § 99.31. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the institution against the student. (ii) A revocation under paragraph (c)(3)(i) of this section must be in writing. (2) The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. 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. (ii) The annual notification of the agency or institution under §99.7 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer; (2) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and. (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). [53 FR 11943, Apr. (b) Forcible Sodomy. (d) In its public notice to parents and eligible students in attendance at the agency or institution that is described in paragraph (a) of this section, an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. 1. (a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by §99.30 if the disclosure meets one or more of the following conditions: (1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests. 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. 1232g(a)(1) (A), (B), (C), and (D)). (11) The disclosure is information the educational agency or institution has designated as “directory information”, under the conditions described in §99.37. FERPA proper only requires that one keep a record of all disclosures of education records and that one retain any records that are subject to a pending disclosure request. What is directory information? §99.22 What minimum requirements exist for the conduct of a hearing? (b) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights. (d) The Office may extend the time limit in this section for good cause shown. (c) If the Office finds that an educational agency or institution or other recipient has not complied with a provision of the Act or this part, it may also find that the failure to comply was based on a policy or practice of the agency or institution or other recipient. (3) Identify the party or class of parties to whom the disclosure may be made. §99.22 What minimum requirements exist for the conduct of a hearing? FERPA permits the disclosure of education records without the consent of the student in certain circumstances, as stated in 34 C.F.R. 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). Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. The General Education Provisions Act, as amended by the Improving America’s Schools Act of 1994, requires education records to be retained for at least three years. (7) The disclosure is to accrediting organizations to carry out their accrediting functions. [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008]. (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. (6)(i) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: (A) Develop, validate, or administer predictive tests; (ii) Nothing in the Act or this part prevents a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section from entering into agreements with organizations conducting studies under paragraph (a)(6)(i) of this section and redisclosing personally identifiable information from education records on behalf of educational agencies and institutions that disclosed the information to the State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section in accordance with the requirements of §99.33(b). (ii) The waiver is made in writing and signed by the student, regardless of age. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. FERPA affords you certain rights with respect to your education records. Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. (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. FERPA Restricts Disclosure of Student Records. (Authority: 20 U.S.C. (iii) If the educational agency or institution has a policy of disclosing education records under §99.31(a)(1), a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest. 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. (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. 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. The current statutes can be found at 20 U.S.C. (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. FERPA permits the disclosure of personally identifiable information from students' education records, without consent of the student, if the disclosure meets certain conditions. (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. (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. §99.3 What definitions apply to these regulations? An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. In accordance with FERPA, disclosure of a student's record without consent may be made in the instances below. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. 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. 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. §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? The law applies to all schools that receive funds under an applicable program of … (b) The officials and authorities to whom the records are disclosed shall certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student. (5) A party seeking or receiving records in accordance with §99.31(a)(9)(ii)(A) through (C). FERPA permits public disclosure of directory information without the student's consent. 7165(b), requires each State to assure the Secretary of Education that it has a procedure in place to facilitate the transfer of disciplinary records with respect to a suspension or expulsion of a student by a local educational agency to any private or public elementary or secondary school in which the student is subsequently enrolled or seeks, intends, or is instructed to enroll. (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; (4) Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed. George Mason University may disclose education records without consent in the circumstances described in 34 C.F.R. (3) The notice must include all of the following: (i) The procedure for exercising the right to inspect and review education records. (a) Forcible Rape (Except “Statutory Rape”). [53 FR 11943, Apr. Amendment” or “FERPA”) is designed to protect the confidentiality of the records that educational institutions maintain on their students and to give students access to their records to assure the accuracy of their contents. (c) Paragraph (a) of this section does not apply to disclosures under §§99.31(a)(8), (9), (11), (12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 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). (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008]. The Office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202. (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. (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. (2) Any State educational agency (SEA) and its components. (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—. FERPA protects from disclosure "education records," broadly defined to include all records directly related to a student and maintained by an educational institution or … (d) Forcible Fondling. (D) Enforce the terms and conditions of the aid. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011]. (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. §99.67 How does the Secretary enforce decisions? 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. (a) Incest. (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. (c) The following parties may inspect the record relating to each student: (2) The school official or his or her assistants who are responsible for the custody of the records. (B) The student is under the age of 21 at the time of the disclosure to the parent. Content that identifies students, or content that students create, constitutes an education record and thus FERPA regulations apply; those regulations require that the university protect the content from disclosure. The killing of another person through gross negligence. 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. (Authority: 20 U.S.C. 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. (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. (i) Uses personally identifiable information only to carry out an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements related to these programs; (ii) Protects the personally identifiable information from further disclosures or other uses, except as authorized in paragraph (b)(1) of this section; and. Information in health and safety emergencies agency is authorized to direct and control public elementary or,... 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