This disclosure is prohibited whether it is made by hand delivery, verbally, fax, mail, or electronic transmission. Disclosure also includes the provision of access to the educational institution’s career center database of student resumes. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (d) If the Office finds that a third party outside of an educational agency or institution has not complied 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, the Office's notice of findings issued under paragraph (b) of this section—, (1) Includes a statement of the specific steps that the third party outside of the educational agency or institution must take to comply; and. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. §99.37 What conditions apply to disclosing directory information? (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. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. §99.36 What conditions apply to disclosure of information in health and safety emergencies? (a) If a parent or eligible student believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask the educational agency or institution to amend the record. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011]. FERPA Restricts Disclosure of Student Records. (a)(1) An educational agency or institution must maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student, as well as the names of State and local educational authorities and Federal officials and agencies listed in §99.31(a)(3) that may make further disclosures of personally identifiable information from the student's education records without consent under §99.33(b). 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]. (a) The parent or eligible student shall provide a signed and dated written consent before an educational agency or institution discloses personally identifiable information from the student's education records, except as provided in §99.31. (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. §99.3 What definitions apply to these regulations? An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. (2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English. Q: What is a student record under FERPA? 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. (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. 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. Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? 1232g - Family educational and privacy rights, Access the SPPO FERPA e-complaint form here. §99.22 What minimum requirements exist for the conduct of a hearing? (5) A party seeking or receiving records in accordance with §99.31(a)(9)(ii)(A) through (C). The touching of the private body parts of another person for the purpose of sexual gratification, 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. §99.20 How can a parent or eligible student request amendment of the student's education records? §99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? (2) The disclosure meets the requirements of paragraph (a) of this section. (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. The unlawful entry into a building or other structure with the intent to commit a felony or a theft. [53 FR 11943, Apr. (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. (2) The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. (d) The Office may extend the time limit in this section for good cause shown. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. 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. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. The killing of another person through gross negligence. §99.11 May an educational agency or institution charge a fee for copies of education records? (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) 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. You can find the above cited regulation on page 159 of the 2012 AACRAO FERPA Guide and the §99.3 "Disclosure" definition on page 153. (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. (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. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 61 FR 59296, Nov. 21, 1996; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008; 74 FR 401, Jan. 6, 2009; 76 FR 75641, Dec. 2, 2011]. (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. (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. 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) 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. 1232g(b)(1) and (b)(4)(A)), [53 FR 11943, Apr. 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. Appendix A to Part 99—Crimes of Violence Definitions, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. (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. §99.4 What are the rights of parents? (b) The educational agency or institution, or SEA or its component, shall comply with a request for access to records within a reasonable period of time, but not more than 45 days after it has received the request. 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. They are presented here for your convenience. (5)(i) The disclosure is to State and local officials or authorities to whom this information is specifically—, (A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or. 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. 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. (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. [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008]. §99.61 What responsibility does an educational agency or institution, a recipient of Department funds, or a third party outside of an educational agency or institution have concerning conflict with State or local laws? With several exceptions, schools must have a student's consent prior to the disclosure of … The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (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—. (e) The educational agency or institution, or SEA or its component shall not destroy any education records if there is an outstanding request to inspect and review the records under this section. §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? 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. (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. (D) Enforce the terms and conditions of the aid. FERPA permits public disclosure of directory information without the student's consent. The goal of this proposal is to implement a system-wide policy defining FERPA directory information. (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. (10) The disclosure is in connection with a health or safety emergency, under the conditions described in §99.36. §99.67 How does the Secretary enforce decisions? Dates of attendance. (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. (b)(1) If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall: (ii) Inform the parent or eligible student of the amendment in writing. (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. 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. Note: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force. 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. Oral or anal sexual intercourse with 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. (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. 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. 1232g(b)(1) and (b)(2)). ), 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. §99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? §99.21 Under what conditions does a parent or eligible student have the right to a hearing? (d) The Act neither requires nor prohibits the disclosure by an educational agency or institution of its law enforcement unit records. (Authority: 20 U.S.C. 1232g(a)(5)(A), (b), (h), (i), and (j)). (11) The disclosure is information the educational agency or institution has designated as “directory information”, under the conditions described in §99.37. 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. (c) Intimidation. §99.7 What must an educational agency or institution include in its annual notification? §99.10 What rights exist for a parent or eligible student to inspect and review education records? What is directory information? §99.37 What conditions apply to disclosing directory information? 1232g(a)(5) (A) and (B)). FERPA protects from disclosure "education records," broadly defined to include all records directly related to a student and maintained by an educational institution or … (c) The Secretary considers funds to be made available to an educational agency or institution of funds under one or more of the programs referenced in paragraph (a) of this section—, (1) Are provided to the agency or institution by grant, cooperative agreement, contract, subgrant, or subcontract; or. 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. § 99.31. FERPA sets certain limits on the disclosure of student records. 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. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74853, Dec. 9, 2008]. 21, 2004]. Examples are a finger, bottle, handgun, stick, etc. 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. [73 FR 74855, Dec. 9, 2008, as amended at 76 FR 75643, Dec. 2, 2011]. (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.). (Authority: 20 U.S.C. 1. (2) The notice must inform parents or eligible students that they have the right to—. (Authority: 20 U.S.C. All personnel who have access to the electronic student files and shared notes must complete a mandatory training on the Federal Family Education Rights and Policies Act of 1974 (FERPA) and other provisions of state law regarding public records disclosure. (b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing. FERPA prohibits the disclosure of a student’s “protected information” to a third party. (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. 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. (3) Is subject to the requirements of §99.33(a) governing the use and redisclosure of personally identifiable information from education records. (ii) Maintain the physical security and safety of the agency or institution. (ii) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. An educational agency or institution shall give full rights under the Act to either parent, unless the agency or institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights. 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. The current regulations can also be found at the Electronic Code of Federal Regulations:Title 34, Part 99--Family Educational Rights and Privacy. 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. (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). §99.63 Where are complaints filed? (2) Student identification (ID) number, except as provided in paragraph (c) of this definition. (b)(1) De-identified records and information. Any record (handwritten, printed, computer, microfilm, microfiche, email, audiotape, videotape, filmed or preserved in any other medium) of an institution that: Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. (iii) The record code is not based on a student's social security number or other personal information. (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. §99.31 Under what conditions is prior consent not required to disclose information? 14071 and applicable Federal guidelines. Subpart B—What Are the Rights of Inspection and Review of Education Records? (ii) The parties to whom the agency or institution disclosed the information. 1232g(b)(1) and (b)(2)) §99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? (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. 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. [53 FR 11943, Apr. (2) Provide technical assistance to ensure compliance with the Act and this part. (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. FERPA gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. (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. § 99.31. 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. [53 FR 11943, Apr. (b) Simple Assault. (Authority: 20 U.S.C. §99.2 What is the purpose of these regulations? A: FERPA defines student record to include all records maintained by the institution that directly relate to a current or former student. (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section. §99.30 Under what conditions is prior consent required to disclose information? (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. 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). §99.67 How does the Secretary enforce decisions? (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. (iii) Maintained by the law enforcement unit. Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution. (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. Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Note: Kidnapping/Abduction includes hostage taking. 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. 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. 1232g(b)(4)(B), (f) and (g)). 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. 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