(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. (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. The Family Educational Rights and Privacy Act (FERPA): A Legal Overview Congressional Research Service Summary The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of … (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. (Approved by the Office of Management and Budget under control number 1880-0508), (a)(1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to—, (i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. §99.3 What definitions apply to these regulations? §99.21 Under what conditions does a parent or eligible student have the right to a hearing? (d) Paragraphs (a) and (b) of this section do not require an educational agency or institution or any other party to disclose education records or information from education records to any party except for parties under paragraph (a)(12) of this section. 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]. (3) The disclosure is, subject to the requirements of §99.35, to authorized representatives of—. (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. With several exceptions, schools must have a student's consent prior to the disclosure of … The unlawful seizure, transportation, or detention of a person, or any combination of these actions, against his or her will, or of a minor without the consent of his or her custodial parent(s) or legal guardian. (c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—, (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user; and. Q: What is a student record under FERPA? The unlawful entry into a building or other structure with the intent to commit a felony or a theft. 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. §99.64 What is the investigation procedure? (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. (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. (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. (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). (c) A parent or eligible student may not use the right under paragraph (a)(2) of this section to opt out of directory information disclosures to—, (1) Prevent an educational agency or institution from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled; or. 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. §99.12 What limitations exist on the right to inspect and review records? (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. (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. A: FERPA defines student record to include all records maintained by the institution that directly relate to a current or former student. (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. (b) Nothing in this Act or this part shall prevent an educational agency or institution from—. (Authority: 20 U.S.C. 1232g(a)(5) (A) and (B)). 1232g (b)(1) and (b)(2)(A)), [53 FR 11943, Apr. (3) Identify the party or class of parties to whom the disclosure may be made. 1232g (f) and (g), 1234), [53 FR 11943, Apr. (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. (2) The agency or institution shall maintain the record with the education records of the student as long as the records are maintained. (c) Intimidation. (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. 21, 2004]. FERPA permits public disclosure of directory information without the student's consent. Notes are a student record and not considered public information. 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