cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
32 rows where part_number = 99 and title_number = 34 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 34:34:1.1.1.1.32.1.113.1 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.1 To which educational agencies or institutions do these regulations apply? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000] | (a) Except as otherwise noted in § 99.10, this part applies to an educational agency or institution to which funds have been made available under any program administered by the Secretary, if— (1) The educational institution provides educational services or instruction, or both, to students; or (2) The educational agency is authorized to direct and control public elementary or secondary, or postsecondary educational institutions. (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. (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 (2) Are provided to students attending the agency or institution and the funds may be paid to the agency or institution by those students for educational purposes, such as under the Pell Grant Program and the Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, of the Higher Education Act of 1965, as amended). (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). | |||||
| 34:34:1.1.1.1.32.1.113.2 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.2 What is the purpose of these regulations? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 73 FR 74851, Dec. 9, 2008] | 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. 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). 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. 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. | |||||
| 34:34:1.1.1.1.32.1.113.3 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.3 What definitions apply to these regulations? | ED | [53 FR 11943, Apr. 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] | 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. Attendance includes, but is not limited to— (a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and (b) The period during which a person is working under a work-study program. 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. Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting. Dates of attendance. (a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. 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. (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.,… | |||||
| 34:34:1.1.1.1.32.1.113.4 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.4 What are the rights of parents? | ED | 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. | ||||||
| 34:34:1.1.1.1.32.1.113.5 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.5 What are the rights of students? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3188, Jan. 7, 1993; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008] | (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. (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). (b) The Act and this part do not prevent educational agencies or institutions from giving students rights in addition to those given to parents. (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. | |||||
| 34:34:1.1.1.1.32.1.113.6 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.6 [Reserved] | ED | |||||||
| 34:34:1.1.1.1.32.1.113.7 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.7 What must an educational agency or institution include in its annual notification? | ED | [61 FR 59295, Nov. 21, 1996] | (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. (2) The notice must inform parents or eligible students that they have the right to— (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 (iv) File with the Department a complaint under §§ 99.63 and 99.64 concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and this part. (3) The notice must include all of the following: (i) The procedure for exercising the right to inspect and review education records. (ii) The procedure for requesting amendment of records under § 99.20. (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) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. (2) An agency or institution of elementary or secondary education shall effectively notify parents who have a primary or home language other than English. | |||||
| 34:34:1.1.1.1.32.1.113.8 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | A | Subpart A—General | § 99.8 What provisions apply to records of a law enforcement unit? | ED | [60 FR 3469, Jan. 17, 1995] | (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 (ii) Maintain the physical security and safety of the agency or institution. (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. (b)(1) Records of a law enforcement unit means those records, files, documents, and other materials that are— (i) Created by a law enforcement unit; (ii) Created for a law enforcement purpose; and (iii) Maintained by the law enforcement unit. (2) Records of a law enforcement unit does not mean— (i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or (ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution. (c)(1) Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law. (2) Education records, and personally identifiable information contained in education records, do not lose their status as education recor… | |||||
| 34:34:1.1.1.1.32.2.113.1 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | B | Subpart B—What Are the Rights of Inspection and Review of Education Records? | § 99.10 What rights exist for a parent or eligible student to inspect and review education records? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] | (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. This provision applies to— (1) Any educational agency or institution; and (2) Any State educational agency (SEA) and its components. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. (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. (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. (c) The educational agency or institution, or SEA or its component shall respond to reasonable requests for explanations and interpretations of the records. (d) If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution, or SEA or its component, shall— (1) Provide the parent or eligible student with a copy of the records requested; or (2) Make other arrangements for the parent or eligible student to inspect and review the requested records. (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. (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. | |||||
| 34:34:1.1.1.1.32.2.113.2 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | B | Subpart B—What Are the Rights of Inspection and Review of Education Records? | § 99.11 May an educational agency or institution charge a fee for copies of education records? | ED | (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. (b) An educational agency or institution may not charge a fee to search for or to retrieve the education records of a student. | ||||||
| 34:34:1.1.1.1.32.2.113.3 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | B | Subpart B—What Are the Rights of Inspection and Review of Education Records? | § 99.12 What limitations exist on the right to inspect and review records? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] | (a) If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. (b) A postsecondary institution does not have to permit a student to inspect and review education records that are: (1) Financial records, including any information those records contain, of his or her parents; (2) Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; 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 (ii) Those letters and statements are related to the student's: (A) Admission to an educational institution; (B) Application for employment; or (C) Receipt of an honor or honorary recognition. (c)(1) A waiver under paragraph (b)(3)(i) of this section is valid only if: (i) The educational agency or institution does not require the waiver as a condition for admission to or receipt of a service or benefit from the agency or institution; and (ii) The waiver is made in writing and signed by the student, regardless of age. (2) If a student has waived his or her rights under paragraph (b)(3)(i) of this section, the educational institution shall: (i) Give the student, on request, the names of the individuals who provided the letters and statements of recommendation; and (ii) Use the letters and statements of recommendation only for the purpose for which they were intended. (3)(i) A waiver under paragraph (b)(3)(i) of this section may be revoked with respect to any actions occurring after the revocation. (ii) A revocation under paragraph (c)(3)(i) of this section must be in writing. | |||||
| 34:34:1.1.1.1.32.3.113.1 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | C | Subpart C—What Are the Procedures for Amending Education Records? | § 99.20 How can a parent or eligible student request amendment of the student's education records? | ED | [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59296, Nov. 21, 1996] | (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. (b) The educational agency or institution shall decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request. (c) If the educational agency or institution decides not to amend the record as requested, it shall inform the parent or eligible student of its decision and of his or her right to a hearing under § 99.21. | |||||
| 34:34:1.1.1.1.32.3.113.2 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | C | Subpart C—What Are the Procedures for Amending Education Records? | § 99.21 Under what conditions does a parent or eligible student have the right to a hearing? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59296, Nov. 21, 1996] | (a) An educational agency or institution shall give a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of 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: (i) Amend the record accordingly; and (ii) Inform the parent or eligible student of the amendment in writing. (2) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both. (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 (2) Disclose the statement whenever it discloses the portion of the record to which the statement relates. | |||||
| 34:34:1.1.1.1.32.3.113.3 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | C | Subpart C—What Are the Procedures for Amending Education Records? | § 99.22 What minimum requirements exist for the conduct of a hearing? | ED | 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. (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. (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. (d) The educational agency or institution shall give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised under § 99.21. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. (e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing. (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. | ||||||
| 34:34:1.1.1.1.32.4.113.1 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | 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? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. 21, 2004] | (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. | |||||
| 34:34:1.1.1.1.32.4.113.10 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 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? | ED | [65 FR 41853, July 6, 2000] | 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. 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. | |||||
| 34:34:1.1.1.1.32.4.113.2 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.31 Under what conditions is prior consent not required to disclose information? | ED | [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; 73 FR 74852, Dec. 9, 2008; 74 FR 401, Jan. 6, 2009; 76 FR 75641, Dec. 2, 2011] | (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)(i)(A) 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. (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— ( 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 ( 3 ) Is subject to the requirements of § 99.33(a) governing the use and redisclosure of personally identifiable information from education records. (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. 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. (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, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer. Section 4155(b) of the No Child Left Behind Act of 2001, 20 U.S.C. 7165(b), requires each State to assure the Secretary of Edu… | |||||
| 34:34:1.1.1.1.32.4.113.3 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.32 What recordkeeping requirements exist concerning requests and disclosures? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74853, Dec. 9, 2008] | (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). (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. (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. (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 (ii) The parties to whom the agency or institution disclosed the information. (b)(1) Except as provided in paragraph (b)(2) of this section, if an educational agency or institution discloses personally identifiable information from education records with the understanding authorized under § 99.33(b), the record of the disclosure required under this section must include: (i) The names of the additional parties to which the receiving party may disclose the information on behalf of the educa… | |||||
| 34:34:1.1.1.1.32.4.113.4 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.33 What limitations apply to the redisclosure of information? | ED | [53 FR 11943, Apr. 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] | (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)(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 (B) A State or local educational authority or Federal official or agency listed in § 99.31(a)(3) has complied with the requirements of § 99.32(b)(2). (2) A party that receives a court order or lawfully issued subpoena and rediscloses personally identifiable information from education records on behalf of an educational agency or institution in response to that order or subpoena under § 99.31(a)(9) must provide the notification required under § 99.31(a)(9)(ii). (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. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. (d) An educational agency or institution must inform a party to whom disclosure is made of the requirements of paragraph (a) of this section except for d… | |||||
| 34:34:1.1.1.1.32.4.113.5 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.34 What conditions apply to disclosure of information to other educational agencies or institutions? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008] | (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 § 99.7 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 (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. | |||||
| 34:34:1.1.1.1.32.4.113.6 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May 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? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011] | (a)(1) Authorized representatives of the officials or agencies headed by 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 that relate to those programs. (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— (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 (iii) Destroys the personally identifiable information in accordance with the requirements of paragraphs (b) and (c) of this section. (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. The written agreement must— (i) Designate the individual or entity as an authorized representative; (ii) Specify— (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 (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 identif… | |||||
| 34:34:1.1.1.1.32.4.113.7 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.36 What conditions apply to disclosure of information in health and safety emergencies? | ED | [53 FR 11943, Apr. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 73 FR 74854, Dec. 9, 2008] | (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. (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) 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. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. 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 circumsta… | |||||
| 34:34:1.1.1.1.32.4.113.8 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.37 What conditions apply to disclosing directory information? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 73 FR 74854, Dec. 9, 2008; 76 FR 75642, Dec. 2, 2011] | (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 complying with the notice and opt out conditions in paragraph (a) of this section. 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. (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 (2) Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under § 99.3 and that has been properly designated by the educational agency or institution as directory information in the public notice provided under paragraph (a)(1) of this section. (d) In its public notice to parents and eligible students in attendance at the agency or institution that … | |||||
| 34:34:1.1.1.1.32.4.113.9 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | D | Subpart D—May an Educational Agency or Institution Disclose Personally Identifiable Information From Education Records? | § 99.38 What conditions apply to disclosure of information as permitted by State statute adopted after November 19, 1974, concerning the juvenile justice system? | ED | [61 FR 59297, Nov. 21, 1996] | (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. | |||||
| 34:34:1.1.1.1.32.5.113.1 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.60 What functions has the Secretary delegated to the Office and to the Office of Administrative Law Judges? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 82 FR 6253, Jan. 19, 2017] | (a) For the purposes of this subpart, Office means the Office of the Chief Privacy Officer, U.S. Department of Education. (b) The Secretary designates the Office to: (1) Investigate, process, and review complaints and violations under the Act and this part; and (2) Provide technical assistance to ensure compliance with the Act and this part. (c) The Secretary designates the Office of Administrative Law Judges to act as the Review Board required under the Act to enforce the Act with respect to all applicable programs. The term applicable program is defined in section 400 of the General Education Provisions Act. | |||||
| 34:34:1.1.1.1.32.5.113.2 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 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? | ED | [76 FR 75642, Dec. 2, 2011] | 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. 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. | |||||
| 34:34:1.1.1.1.32.5.113.3 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.62 What information must an educational agency or institution or other recipient of Department funds submit to the Office? | ED | [76 FR 75643, Dec. 2, 2011] | 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. | |||||
| 34:34:1.1.1.1.32.5.113.4 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.63 Where are complaints filed? | ED | [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008] | A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. The Office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202. | |||||
| 34:34:1.1.1.1.32.5.113.5 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.64 What is the investigation procedure? | ED | [53 FR 11943, Apr. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 65 FR 41854, July 6, 2000; 73 FR 74854, Dec. 9, 2008; 76 FR 75643, Dec. 2, 2011] | (a) A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred. 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. (b) The Office 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 an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part. If the Office determines that an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part, it may also determine whether the failure to comply is based on a policy or practice of the agency or institution or other recipient. 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. (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. (d) The Office may extend the time limit in this section for good cause shown. | |||||
| 34:34:1.1.1.1.32.5.113.6 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.65 What is the content of the notice of investigation issued by the Office? | ED | [73 FR 74855, Dec. 9, 2008, as amended at 76 FR 75643, Dec. 2, 2011] | (a) The Office notifies in writing the complainant, if any, and the educational agency or institution, the recipient of Department funds under any program administered by the Secretary, or the third party outside of an educational agency or institution if it initiates an investigation under § 99.64(b). The written notice— (1) Includes the substance of the allegations against the educational agency or institution, other recipient, or third party; 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. (b) The Office notifies the complainant if it does not initiate an investigation because the complaint fails to meet the requirements of § 99.64. | |||||
| 34:34:1.1.1.1.32.5.113.7 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.66 What are the responsibilities of the Office in the enforcement process? | ED | [76 FR 75643, Dec. 2, 2011] | (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 Office may permit the parties to submit further written or oral arguments or information. (b) Following its investigation, the Office provides to the complainant, if any, and the educational agency or institution, other recipient, or third party a written notice of its findings and the basis for its findings. (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 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 (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. (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 (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the third party may comply voluntarily. | |||||
| 34:34:1.1.1.1.32.5.113.8 | 34 | Education | 99 | PART 99—FAMILY EDUCATIONAL RIGHTS AND PRIVACY | E | Subpart E—What Are the Enforcement Procedures? | § 99.67 How does the Secretary enforce decisions? | ED | [76 FR 75643, Dec. 2, 2011] | (a) If an educational agency or institution or other recipient of Department funds under any program administered by the Secretary does not comply during the period of time set under § 99.66(c), the Secretary may take any legally available enforcement action in accordance with the Act, including, but not limited to, the following enforcement actions available in accordance with part D of the General Education Provisions Act— (1) Withhold further payments under any applicable program; (2) Issue a complaint to compel compliance through a cease and desist order; or (3) Terminate eligibility to receive funding under any applicable program. (b) If, after an investigation under § 99.66, the Secretary finds that an educational agency or institution, other recipient, or third party has complied voluntarily with the Act or this part, the Secretary provides the complainant and the agency or institution, other recipient, or third party with written notice of the decision and the basis for the decision. (c) If the Office finds that a third party, outside the educational agency or institution, violates § 99.31(a)(6)(iii)(B), then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the violation of § 99.31(a)(6)(iii)(B) access to personally identifiable information from education records for at least five years. (d) If the Office finds that a State or local educational authority, a Federal agency headed by an official listed in § 99.31(a)(3), or an authorized representative of a State or local educational authority or a Federal agency headed by an official listed in § 99.31(a)(3), improperly rediscloses personally identifiable information from education records, then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the improper redisclosure access to personally identifiable information from education records f… |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);