(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. (2) Student identification (ID) number, except as provided in paragraph (c) of this definition. [53 FR 11943, Apr. 99.2 What is the purpose of these regulations? Party means an individual, agency, institution, or organization. (iii) A program operated by a local educational agency. The following definitions apply to this part: Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act. (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. 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. See 34 C.F.R. They are presented here for your convenience. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008]. Subpart DMay an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? 99.35 What conditions apply to disclosure of information for Federal or State program purposes? 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. (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. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008]. 99.31 Under what conditions is prior consent not required to disclose information? (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; (ii) Made, maintained, or used only in connection with treatment of the student; and, (iii) Disclosed only to individuals providing the treatment. FERPA is a Federal law that is administered by the Family Policy Compliance Office in the U.S. Department of Education (Department). 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. [73 FR 74855, Dec. 9, 2008, as amended at 76 FR 75643, Dec. 2, 2011]. Nonforcible sexual intercourse with a person who is under the statutory age of consent. (b) Statutory Rape. (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. (20 U.S.C. (a) For the purposes of this subpart, Office means the Office of the Chief Privacy Officer, U.S. Department of Education. 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. 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. (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. (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. FERPA and Student Privacy | The University of Tennessee, Knoxville (2) Make other arrangements for the parent or eligible student to inspect and review the requested records. For 21 years, he was the head of the Office of Family Policy Compliance Office, the agency that investigates FERPA violations for the Department of Education. (ii) The parties to whom the agency or institution disclosed the information. 99.20 How can a parent or eligible student request amendment of the student's education records? "FERPA is technology neutral," Rooker says. (12) The disclosure is to the parent of a student who is not an eligible student or to the student. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017]. 1232g (b)(1)(I) and (h)), [53 FR 11943, Apr. According to 34 CFR 99.31, schools do not require consent for disclosure to parties that meet the following conditions: School officials, including teachers, who are determined to have legitimate educational interests Contractors, consultants, volunteers or other parties to whom the school has outsourced institutional services or functions (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. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 65 FR 41853, July 6, 2000; 73 FR 74853, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011]. (g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. (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. Spring 2023-24: April 1 and June 12 (Commencement June 16) Summer 2023-24: June 24 and August 17. (c) The educational agency or institution, or SEA or its component shall respond to reasonable requests for explanations and interpretations of the records. An unlawful attack by one person upon another. (c) Intimidation. [53 FR 11943, Apr. The Federal Register Notices of amendments to FERPA regulations can be found here: Subpart BWhat Are the Rights of Inspection and Review of Education Records? (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. (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. FERPA Compliance & Requirements [Checklist Included!] - Intradyn This article is not intended as legal advice. (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. (2) Directs the agency or institution, other recipient, or third party to submit a written response and other relevant information, as set forth in 99.62, within a specified period of time, including information about its policies and practices regarding education records. 1232h, 34 CFR Part 98), Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Subscribe to the Student Privacy Newsletter, Request PTAC Training or Technical Assistance, Title 34, Part 99--Family Educational Rights and Privacy, 20 U.S.C. (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). Home - Ferpa 99.11 May an educational agency or institution charge a fee for copies of education records? Annual FERPA Notification (School Year 2022-23) The Family Educational Rights and Privacy Act (FERPA) gives parents and students age 18 and older rights over student education records. (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. (Authority: 20 U.S.C. Schools should consider whether establishing and publicizing a . (b) This part does not apply to an educational agency or institution solely because students attending that agency or institution receive non-monetary benefits under a program referenced in paragraph (a) of this section, if no funds under that program are made available to the agency or institution. 1232g (f) and (g), 1234), [53 FR 11943, Apr. (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. Per FERPA, a "student" is defined as any individual who is or has been in attendance at EGSC and regarding whom EGSC maintains educational records. Educational agencies and institutions are required to annually notify parents and eligible students about their rights under FERPA. 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. The killing of another person through gross negligence. ), 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. (Authority: 20 U.S.C. PDF Family Educational Rights and Privacy Act (FERPA) The name and address of the Office that administers FERPA is: Family Policy Compliance Office. (2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English. Meets the criteria specified in the school's annual notification of FERPA rights for being 1234c). (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. (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)(6) and 18 U.S.C. (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. (14)(i) The disclosure, subject to the requirements in 99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education. Family Educational Rights and Privacy Act (FERPA) 99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? The current regulations can also be found at the Electronic Code of Federal Regulations:Title 34, Part 99--Family Educational Rights and Privacy. (ii) Maintain the physical security and safety of the agency or institution. Forms and Documents; Schedule Type Classifications; Core Transfer Library . (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. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. (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; (ii) Nothing in the Act or this part prevents a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section from entering into agreements with organizations conducting studies under paragraph (a)(6)(i) of this section and redisclosing personally identifiable information from education records on behalf of educational agencies and institutions that disclosed the information to the State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section in accordance with the requirements of 99.33(b). 1232g(b)(1) and (b)(2)). (Authority: 20 U.S.C. The Family Educational Rights and Privacy Act (FERPA) is a federal law enacted in 1974 that protects the privacy of student education records. . (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. Family Educational Rights and Privacy Act (FERPA), Compliance with - SUNY Family Educational Rights and Privacy Act (FERPA) - Microsoft 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. [53 FR 11943, Apr. 99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? [53 FR 11943, Apr. (2) The State or local educational authority or agency headed by an official listed in 99.31(a)(3) is responsible for using reasonable methods to ensure to the greatest extent practicable that any entity or individual designated as its authorized representative. (ii) Use the letters and statements of recommendation only for the purpose for which they were intended. Note: An object or instrument is anything used by the offender other than the offender's genitalia. (9)(i) The disclosure is to comply with a judicial order or lawfully issued subpoena. (4) An educational agency or institution must obtain a copy of the record of further disclosures maintained under paragraph (b)(2) of this section and make it available in response to a parent's or eligible student's request to review the record required under paragraph (a)(1) of this section. 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) Paragraph (a) of this section does not apply if the request was from, or the disclosure was to: (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. (1) Specify the records that may be disclosed; (2) State the purpose of the disclosure; and. (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed; (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement; (3) Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; (4) Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed. Note: Carjackings are robbery offenses where a motor vehicle is taken through force or threat of force. (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student. 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. (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. 99.22 What minimum requirements exist for the conduct of a hearing? 1232g- Family educational and privacy rights. 1232g(a)(5)(A), (b), (h), (i), and (j)). (a) Incest. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74853, Dec. 9, 2008]. 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. (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. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. Family Educational Rights and Privacy Act (FERPA) | CDC (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. (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. FERPA Summary Page - Data Governance (CA Dept of Education) FERPA - University of Wisconsin-Whitewater