(b)(1) De-identified records and information. FERPA permits public disclosure of directory information without the student's consent. 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. 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. (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. (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, 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 PIN, password, or other factor known or possessed only by the authorized user. (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. (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. This provision applies to—, (1) Any educational agency or institution; 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. The term includes, but is not limited to—. (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and. (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. 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. (3) Identify the party or class of parties to whom the disclosure may be made. (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. (a) The Office reviews a complaint, if any, information submitted by the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or third party outside of an educational agency or institution, and any other relevant information. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (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. (b) The period during which a person is working under a work-study program. (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. Q: What is a student record under FERPA? (2) Student identification (ID) number, except as provided in paragraph (c) of this definition. (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. (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998. (b) Statutory Rape. (e) An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in §99.30 if a student's social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student's records. (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. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 1. They are as follows: ACCESS TO RECORDS (b) Directory information does not include a student's—. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. (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. (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. If another recipient of Department funds under any program administered by the Secretary or a third party to which personally identifiable information from education records has been non-consensually disclosed determines that it cannot comply with the Act or this part due to a conflict with State or local law, it also must notify the Office within 45 days, giving the text and citation of the conflicting law. (iii) A program operated by a local educational agency. [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008]. Unlawful, nonforcible sexual intercourse. Note: An “object” or “instrument” is anything used by the offender other than the offender's genitalia. (Authority: 20 U.S.C. §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? (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. (Authority: 20 U.S.C. The term applicable program is defined in section 400 of the General Education Provisions Act. ), 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. 1232g(b)(6) and 18 U.S.C. (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) The disclosure is information the educational agency or institution has designated as “directory information”, under the conditions described in §99.37. 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. (2) Disclose the statement whenever it discloses the portion of the record to which the statement relates. (3) Terminate eligibility to receive funding under any applicable program. (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). §99.11 May an educational agency or institution charge a fee for copies of education records? (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. See the exceptions at paragraphs (2)(i) and (2)(ii) to the definition of “protected health information” at 45 CFR § 160.103. In accordance with FERPA, disclosure of a student's record without consent may be made in the instances below. §99.2 What is the purpose of these regulations? (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. 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. (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. §99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? (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. (D) Enforce the terms and conditions of the aid. 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. §99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? §99.7 What must an educational agency or institution include in its annual notification? Once (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. (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—. 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. §99.65 What is the content of the notice of investigation issued by the Office? An educational agency or institution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by §99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information. (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—. §99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? (3)(i) Records relating to an individual who is employed by an educational agency or institution, that: (A) Are made and maintained in the normal course of business; (B) Relate exclusively to the individual in that individual's capacity as an employee; and. Subpart C—What Are the Procedures for Amending Education Records? (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or. (6) Grades on peer-graded papers before they are collected and recorded by a teacher. Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. (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. 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. 1232g(b)(1) and (b)(2)) (c) Intimidation. (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. (3) Is subject to the requirements of §99.33(a) governing the use and redisclosure of personally identifiable information from education records. (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. (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. (C) Are not available for use for any other purpose. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? 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. (B) The student is under the age of 21 at the time of the disclosure to the parent. (a) Directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended. (9)(i) The disclosure is to comply with a judicial order or lawfully issued subpoena. §99.3 What definitions apply to these regulations? The Office also 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 a third party outside of the educational agency or institution has failed to comply 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 law applies to all schools that receive funds under an applicable program of … (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. (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. The purpose of this part is to set out requirements for the protection of privacy of parents and students under section 444 of the General Education Provisions Act, as amended. (ii) The waiver is made in writing and signed by the student, regardless of age. 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). §99.31 Under what conditions is prior consent not required to disclose information? (ii) Maintain the physical security and safety of the agency or institution. (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. 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 … (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. Notes are a student record and not considered public information. Note to §99.2: 34 CFR 300.610 through 300.626 contain requirements regarding the confidentiality of information relating to children with disabilities who receive evaluations, services or other benefits under Part B of the Individuals with Disabilities Education Act (IDEA). (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. §99.63 Where are complaints filed? What is directory information? (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. [53 FR 11943, Apr. 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. 9831 et seq. FERPA Definitions Consent to Disclosure Permission granted by a student via the Student Link (Personal tab, Consent-to-Disclosure option) to the University to communicate with parents/guardians/others in certain limited circumstances, including the following: The unlawful entry into a building or other structure with the intent to commit a felony or a theft. 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. §99.30 Under what conditions is prior consent required to disclose information? (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. FERPA Defined: FERPA stands for the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. (ii) An SEA and its components are subject to subpart B of this part if the SEA maintains education records on students who are or have been in attendance at any school of an educational agency or institution subject to the Act and this part. (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; (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; or. Under FERPA there are two categories of educational records. Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration. However, FERPA permits the disclosure of PII from a student’s education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this definition. Examples are a finger, bottle, handgun, stick, etc. 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. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008]. 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. (2) Indicates such person's approval of the information contained in the electronic consent. (Authority: 20 U.S.C. (ii) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. 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. FERPA prohibits the disclosure of a student’s “protected information” to a third party. An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. (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. (Authority: 20 U.S.C. 1232g - Family educational and privacy rights, Access the SPPO FERPA e-complaint form here. (c) An individual who is or has been a student at an educational institution and who applies for admission at another component of that institution does not have rights under this part with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution. 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. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. §99.5 What are the rights of students? Note: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting. 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 education records. §99.67 How does the Secretary enforce decisions? The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. Appendix A to Part 99—Crimes of Violence Definitions, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. § 1232g and the FERPA regulations are found at 34 CFR Part 99. 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