34 C.F.R. Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records?
Title 34 - Education
(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. (b) The written consent must: (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and (3) Identify the party or class of parties to whom the disclosure may be made. (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 (2) If the parent of a student who is not an eligible student so requests, the agency or institution shall provide the student with a copy of the records disclosed. (d) “Signed and dated written consent” under this part may include a record and signature in electronic form that— (1) Identifies and authenticates a particular person as the source of the electronic consent; and (2) Indicates such person's approval of the information contained in the electronic consent. (Authority: 20 U.S.C. 1232g (b)(1) and (b)(2)(A)) [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. 21, 2004] (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) 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. (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. (3) The disclosure is, subject to the requirements of §99.35, to authorized representatives of— (i) The Comptroller General of the United States; (ii) The Attorney General of the United States; (iii) The Secretary; or (iv) State and local educational authorities. (4)(i) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: (A) Determine eligibility for the aid; (B) Determine the amount of the aid; (C) Determine the conditions for the aid; or (D) Enforce the terms and conditions of the aid. (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. (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 (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. (ii) Paragraph (a)(5)(i) of this section does not prevent a State from further limiting the number or type of State or local officials to whom disclosures may be made under that paragraph. (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; (B) Administer student aid programs; or (C) Improve instruction. (ii) The agency or institution may disclose information under paragraph (a)(6)(i) of this section only if: (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; and (B) The information is destroyed when no longer needed for the purposes for which the study was conducted. (iii) If this Office determines that a third party outside the educational agency or institution to whom information is disclosed under this paragraph (a)(6) violates paragraph (a)(6)(ii)(B) of this section, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years. (iv) For the purposes of paragraph (a)(6) of this section, the term organization includes, but is not limited to, Federal, State, and local agencies, and independent organizations. (7) The disclosure is to accrediting organizations to carry out their accrediting functions. (8) The disclosure is to parents, as defined in §99.3, of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986. (9)(i) The disclosure is to comply with a judicial order or lawfully issued subpoena. (ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with— (A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or (B) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. (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. (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. (10) The disclosure is in connection with a health or safety emergency, under the conditions described in §99.36. (11) The disclosure is information the educational agency or institution has designated as “directory information”, under the conditions described in §99.37. (12) The disclosure is to the parent of a student who is not an eligible student or to the student. (13) The disclosure, subject to the requirements in §99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. 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. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed. (14)(i) The disclosure, subject to the requirements in §99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education. 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 (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. (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. (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. (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 (B) The student is under the age of 21 at the time of the disclosure to the parent. (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) Paragraph (a) of this section does not forbid an educational agency or institution from disclosing, nor does it require an educational agency or institution to disclose, personally identifiable information from the education records of a student to any parties under paragraphs (a)(1) through (11), (13), (14), and (15) of this section. (Authority: 20 U.S.C. 1232g(a)(5)(A), (b)(1), (b)(2)(B), (b)(6), (h), and (i)) [53 FR 11943, Apr. 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] (a)(1) An educational agency or institution shall maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student. (2) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained. (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 (ii) The legitimate interests the parties had in requesting or obtaining the information. (b) If an educational agency or institution discloses personally identifiable information from an education record with the understanding authorized under §99.33(b), the record of the disclosure required under this section must include: (1) The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and (2) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. (c) The following parties may inspect the record relating to each student: (1) The parent or eligible student. (2) The school official or his or her assistants who are responsible for the custody of the records. (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. (d) Paragraph (a) of this section does not apply if the request was from, or the disclosure was to: (1) The parent or eligible student; (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 (5) A party seeking or receiving the records as directed by a Federal grand jury or other law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. (Authority: 20 U.S.C. 1232g(b)(1) and (b)(4)(A)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996] (a)(1) An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. (2) The officers, employees, and agents of a party that receives information under paragraph (a)(1) of this section may use the information, but only for the purposes for which the disclosure was made. (b) 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: (1) The disclosures meet the requirements of §99.31; and (2) The educational agency or institution has complied with the requirements of §99.32(b). (c) Paragraph (a) of this section does not apply to disclosures made to parents of dependent students under §99.31(a)(8), to disclosures made pursuant to court orders, lawfully issued subpoenas, or litigation under §99.31(a)(9), to disclosures of directory information under §99.31(a)(11), to disclosures made to a parent or student under §99.31(a)(12), to disclosures made in connection with a disciplinary proceeding under §99.31(a)(14), or to disclosures made to parents under §99.31(a)(15). (d) Except for disclosures under §99.31(a) (9), (11), and (12), an educational agency or institution shall inform a party to whom disclosure is made of the requirements of this section. (e) If this Office determines that a third party improperly rediscloses personally identifiable information from education records in violation of §99.33(a) of this section, the educational agency or institution may not allow that third party access to personally identifiable information from education records for at least five years. (Authority: 20 U.S.C. 1232g(b)(4)(B)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 65 FR 41853, July 6, 2000] (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 (ii) The annual notification of the agency or institution under §99.6 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; (2) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and (3) Give the parent or eligible student, upon request, an opportunity for a hearing under subpart C. (b) An educational agency or institution may disclose an education record of a student in attendance to another educational agency or institution if: (1) The student is enrolled in or receives services from the other agency or institution; and (2) The disclosure meets the requirements of paragraph (a) of this section. (Authority: 20 U.S.C. 1232g(b)(1)(B)) [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996] (a) The 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 which relate to those programs. (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 except the officials referred to in paragraph (a) of this section; and (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section. (c) Paragraph (b) of this section does not apply if: (1) The parent or eligible student has given written consent for the disclosure under §99.30; or (2) The collection of personally identifiable information is specifically authorized by Federal law. (Authority: 20 U.S.C. 1232g(b)(3)) (a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. (b) Nothing in this Act or this part shall prevent an educational agency or institution from— (1) Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; (2) Disclosing appropriate information maintained under paragraph (b)(1) of this section to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or (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. (c) Paragraphs (a) and (b) of this section will be strictly construed. (Authority: 20 U.S.C. 1232g (b)(1)(I) and (h)) [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59297, Nov. 21, 1996] (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 (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. (b) An educational agency or institution may disclose directory information about former students without meeting the conditions in paragraph (a) of this section. (Authority: 20 U.S.C. 1232g(a)(5) (A) and (B)) (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). (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. (Authority: 20 U.S.C. 1232g(b)(1)(J)) [61 FR 59297, Nov. 21, 1996] As used in this part: 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:
Arson Assault offenses Burglary Criminal homicide—manslaughter by negligence Criminal homicide—murder and nonnegligent manslaughter Destruction/damage/vandalism of property Kidnapping/abduction Robbery Forcible sex offenses. Alleged perpetrator of a nonforcible sex offense means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest. These offenses are defined in appendix A to this part. Final results means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. 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. Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. 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. (Authority: 20 U.S.C. 1232g(b)(6)) [65 FR 41853, July 6, 2000]
Title 34: Education
PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY
Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records?
§ 99.30 Under what conditions is prior consent required to disclose information?
§ 99.31 Under what conditions is prior consent not required to disclose information?
§ 99.32 What recordkeeping requirements exist concerning requests and disclosures?
§ 99.33 What limitations apply to the redisclosure of information?
§ 99.34 What conditions apply to disclosure of information to other educational agencies or institutions?
§ 99.35 What conditions apply to disclosure of information for Federal or State program purposes?
§ 99.36 What conditions apply to disclosure of information in health and safety emergencies?
§ 99.37 What conditions apply to disclosing directory information?
§ 99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system?
§ 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?
