(c)(1) A waiver under paragraph (b)(3)(i) of this section is valid only if: (i) The educational agency or institution does not require the waiver as a condition for admission to or receipt of a service or benefit from the agency or institution; and. (B) The student is under the age of 21 at the time of the disclosure to the parent. You can find FERPA's "disclosure" definition on page 153 of the 2012 AACRAO FERPA Guide. §99.7 What must an educational agency or institution include in its annual notification? §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. 1232g(b)(1) and (b)(2)) (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). FERPA permits the disclosure of personally identifiable information from students' education records, without consent of the student, if the disclosure meets certain conditions. Examples are a finger, bottle, handgun, stick, etc. FERPA’s broad definition of student record includes almost any medium you can think of, … (Authority: 20 U.S.C. [53 FR 11943, Apr. (a) An educational agency or institution that discloses an education record under §99.31(a)(2) shall: (1) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: (i) The disclosure is initiated by the parent or eligible student; or. 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. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008]. 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. Party means an individual, agency, institution, or organization. (2) Indicates such person's approval of the information contained in the electronic consent. §99.37 What conditions apply to disclosing directory information? §99.30 Under what conditions is prior consent required to disclose information? (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. 21, 2004]. (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. An unlawful attack by one person upon another. (b) The Office 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 an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part. (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. Access the SPPO FERPA e-complaint form here. (d) If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution, or SEA or its component, shall—, (1) Provide the parent or eligible student with a copy of the records requested; or. FERPA prohibits the disclosure of a student’s “protected information” to a third party. 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. The current statutes can be found at 20 U.S.C. 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). The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. §99.3 What definitions apply to these regulations? 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. (B) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself. 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”). (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. §99.66 What are the responsibilities of the Office in the enforcement process? (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. Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. 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. A complaint does not have to allege that a violation is based on a policy or practice of the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or any third party outside of an educational agency or institution. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. Violation committed means the institutional rules or code sections that were violated and any essential findings supporting the institution's conclusion that the violation was committed. 1232g(b)(4)(B), (f), and (g)). § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. 1232g (f) and (g), 1234), [53 FR 11943, Apr. 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. [53 FR 11943, Apr. 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 … If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination. The current regulations can also be found at the Electronic Code of Federal Regulations:Title 34, Part 99--Family Educational Rights and Privacy. (Authority: 20 U.S.C. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. 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]. The term applicable program is defined in section 400 of the General Education Provisions Act. The killing of another person through gross negligence. They are as follows: ACCESS TO RECORDS (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. [53 FR 11943, Apr. Unlawful, nonforcible sexual intercourse. (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. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000]. (iii) A program operated by a local educational agency. (a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. (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. §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? §99.21 Under what conditions does a parent or eligible student have the right to a hearing? §99.30 Under what conditions is prior consent required to disclose information? (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. (2) Records of a law enforcement unit does not mean—, (i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or. (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. (2) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained. §99.33 What limitations apply to the redisclosure of information? 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. (Authority: 20 U.S.C. (2) Any State educational agency (SEA) and its components. (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. (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. §99.2 What is the purpose of these regulations? §99.8 What provisions apply to records of a law enforcement unit? (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. (c) When a disclosure is made under paragraph (a) of this section: (1) If a parent or eligible student so requests, the educational agency or institution shall provide him or her with a copy of the records disclosed; and. (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. FERPA permits public disclosure of directory information without the student's consent. (c)(1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law. (2) An educational agency or institution, or a party that has received education records or information from education records under this part, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that—. (b) Directory information does not include a student's—. (b) Nothing in this Act or this part shall prevent an educational agency or institution from—. The Office may require an educational agency or institution, other recipient of Department funds under any program administered by the Secretary to which personally identifiable information from education records is non-consensually disclosed, or any third party outside of an educational agency or institution to which personally identifiable information from education records is non-consensually disclosed to submit reports, information on policies and procedures, annual notifications, training materials, or other information necessary to carry out the Office's enforcement responsibilities under the Act or this part. (i) Inspect and review the student's education records; (ii) Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights; (iii) Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and §99.31 authorize disclosure without consent; and. 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. (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. (5) An educational agency or institution must record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception in §99.31(a)(10) and §99.36: (i) The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and. Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education. FERPA affords you certain rights with respect to your education records. §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? §99.36 What conditions apply to disclosure of information in health and safety emergencies? (ii) As used in paragraph (a)(4)(i) of this section, financial aid means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an educational agency or institution. (2) The collection of personally identifiable information is specifically authorized by Federal law. See the list below of the disclosures that the University may make without consent. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 65 FR 41854, July 6, 2000; 73 FR 74854, Dec. 9, 2008; 76 FR 75643, Dec. 2, 2011], (a) The Office notifies in writing the complainant, if any, and the educational agency or institution, the recipient of Department funds under any program administered by the Secretary, or the third party outside of an educational agency or institution if it initiates an investigation under §99.64(b). (Authority: 20 U.S.C. (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. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. (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. (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. (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) 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. (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. Appendix A to Part 99—Crimes of Violence Definitions, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. (a) Incest. (iii) The record code is not based on a student's social security number or other personal information. (2) The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. §99.31 Under what conditions is prior consent not required to disclose information? (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the third party may comply voluntarily. 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. (a) Aggravated Assault. 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. See the exceptions at paragraphs (2)(i) and (2)(ii) to the definition of “protected health information” at 45 CFR § 160.103. 1232g(b)(3), (b)(5)). 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. §99.11 May an educational agency or institution charge a fee for copies of education records? The law applies to all schools that receive funds under an applicable program of … The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. (a) Forcible Rape (Except “Statutory Rape”). (Authority: 20 U.S.C. (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). 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. 1232g(a)(4)(B)(ii)), (a) Except as limited under §99.12, a parent or eligible student must be given the opportunity to inspect and review the student's education records. (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. (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. how disclosure of a student's school records is authorized by the parent or student The principle presumption of FERPA’s privacy provisions is that the parents have the right to review their child’s education records, including health-related information contained in the education record. (15)(i) The disclosure is to a parent of a student at an institution of postsecondary education 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 if—, (A) The institution determines that the student has committed a disciplinary violation with respect to that use or possession; and. 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. (a) The term means those records that are: (2) Maintained by an educational agency or institution or by a party acting for the agency or institution. §99.20 How can a parent or eligible student request amendment of the student's education records? The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. (2) Provide technical assistance to ensure compliance with the Act and this part. (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. 1234c). Subpart B—What Are the Rights of Inspection and Review of Education Records? The Office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202. If an educational agency or institution determines that it cannot comply with the Act or this part due to a conflict with State or local law, it must notify the Office within 45 days, giving the text and citation of the conflicting law. 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. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice that is described in paragraph (a) of this section. §99.2 What is the purpose of these regulations? (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. §99.65 What is the content of the notice of investigation issued by the Office? §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? §99.31 Under what conditions is prior consent not required to disclose information? 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. §99.10 What rights exist for a parent or eligible student to inspect and review education records? (ii) An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words or other conduct, or both, but without displaying a weapon or subjecting the victim to actual physical attack. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59296, Nov. 21, 1996]. (b) Simple Assault. (3) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) must use a written agreement to designate any authorized representative, other than an employee. (3) Those parties authorized in §99.31(a) (1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution. ), 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. (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. (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. (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).