CONFIDENTIALITY OF INFORMATION

	REQUISITOS FEDERALES Y ESTATALES
	DEFINICIONES
Práctica	Bajo la Ley de Derechos de Educación y Privacidad de Familia y para los propósitos de las estructuras de REGISTROS:
Práctica	Agencia o institución educativa significa cualquier agencia o institución pública o particular; Citas: 99.3
Práctica	Registro biométrico significa un registro de una o más características mensurables biológicas o de comportamiento que pueden ser utilizados para el reconocimiento automático de un individuo. Los ejemplos incluyen huellas digitales, patrones de la retina y del iris, impresiones vocales, secuencia de DNA, características faciales, y escritura; Citas: 99.3
Práctica	Información personalmente identificable incluye pero no está limitada a: Citas: 99.3
Práctica	El nombre del estudiante; Citas: 99.3
Práctica	El nombre del padre del estudiante u otros miembros de la familia; Citas: 99.3
Práctica	La dirección del estudiante o familia del estudiante; Citas: 99.3
Práctica	Un identificador personal, tal como el número del seguro social del estudiante, número de identificación del estudiante, o registro biométrico; Citas: 99.3
Práctica	Otros identificadores indirectos, tal como la fecha de nacimiento del estudiante, lugar de nacimiento, y nombre de soltera de la madre; Citas: 99.3
Práctica	Otra información que, sola o en combinación, está vinculada o enlazable a un estudiante específico que permita a una persona razonable en la comunidad escolar, que no tiene conocimientos personales de las circunstancias relevantes, para identificar al estudiante con certeza razonable; o Citas: 99.3
Práctica	La información solicitada por una persona que la agencia educativa o institución cree razonablemente conoce la identidad del estudiante a quien el registro de educación se refiere. Citas: 99.3
	PROTECCIONES
Práctica	Cada agencia educativa o institución debe: Citas: 300.623
Práctica	Proteger la confidencialidad de la información personalmente identificable en la colección, almacenamiento, divulgación, y etapas de destrucción; y Citas: 300.623(a)
Documentación	Mantener para inspección pública, una lista actualizada de los nombres y cargos de aquellos empleados dentro de la agencia que puedan tener acceso a la información personalmente identificable. Citas: 300.623(d)
Práctica	Un funcionario en cada agencia o institución educativa debe asumir la responsabilidad para garantizar la confidencialidad de cualquier información personalmente identificable. Citas: 300.623(b)
Práctica	Todas las personas que reunen o usen información personalmente identificable deben recibir capacitación o instrucción sobre las políticas del estado y procedimientos para proteger la confidencialidad de cualquier información personalmente identificble reunida, usada, o mantenida por la agencia o institución educativa. Citas: 300.623(c)
	CONFIDENCIALIDAD DE INFORMACIÓN PERSONALMENTE IDENTIFICABLE PROPORCIONADA A SITIOS WEB USADOS PARA PROPÓSITOS ESCOLARES
Práctica	Operador significa, al grado de operar en esta capacidad, el operador de un sitio web, servicio en línea, aplicacióon en línea, o aplicación móvil que tenga conocimientos actuales que el sitio web, servicio en línea, aplicación en línea, o aplicación móvil se utiliza principalmente para un propósito escolar y fue diseñado y comercializado para un propósito escolar. Citas: TEC 32.151(3)
Práctica	Información cubierta significa información personalmente identificable o información que está vinculada a información personalmente identificable, en cualquier medio o formato, que no está disponible al público y es: Citas: TEC 32.151(1)
Práctica	Creada por o proporcionada a un operador por un estudiante o el padre del estudiante en el curso del uso del estudiante o padre del sitio web del operador, servicio en línea, aplicación en línea, aplicación móvil para un propósito escolar; Citas: TEC 32.151(1)(A)
Práctica	Creada por o proporcionada a un operador por un empleado del distrito escolar o campus escolar para un propósito escolar; o Citas: TEC 32.151(1)(B)
Práctica	Reunidos por un operador a través del sitio web del operador, servicio en línea, aplicación en línea o aplicación móvil para un propósito escolar e identifica personalmente a un estudiante, incluyendo el registro educativo del estudiante, correo electrónico, nombre y apellido, domicilio, número de teléfono, dirección de corrreo electrónico, información que permite contacto físico o en línea, registros de disciplina, resultados de pruebas, datos de educación especial, registros de delincuencia juvenil, calificaciones, evaluaciones, antecedents penales, registros médicos, registros de salud, número de seguro social, información biométrica, discapacidades, información socioeconómica, compras de alimentos, afiliaciones políticas, información religiosa, mensajes de texto, identificadores de estudiante, actividad de búsqueda, fotografías, grabaciones de voz, o información geológica. Citas: TEC 32.151(1)(C)
Práctica	Propósito escolar significa un propósito que se dirige o se lleva a cabo habitualmente bajo la dirección de un distrito escolar, campus escolar o maestro o ayuda en la administración de actividades escolares, incluyendo instrucción en el aula o en el hogar, actividades administrativas y colaboración entre estudiantes, personal escolar o padres, o de otra manera para el uso y beneficio de la escuela. Citas: TEC 32.151(5)
Práctica	Publicidad dirigida significa presentar un anuncio a un estudiante en el que se selecciona el anuncio para el estudiante basado en la información obtenida o deducida a lo largo del tiempo a partir del comportamiento en línea del alumno, uso de aplicaciones, o información cubierta. El término no incluye publicidad a un estudiante en un lugar en línea basado en la visita del estudiante a ese lugar en ese momento, o en respuesta a la solicitud de información o comentarios del estudiante, sin la retención de las actividades o solicitudes en línea del estudiante a lo largo del tiempo para el propósito de dirigir publicidades posteriores. Citas: TEC 32.151(6)
Práctica	Un operador no puede a sabiendas: Citas: TEC 32.152(a)
Práctica	Participar en publicidad dirigida en cualquier sitio de web, servicio en línea, aplicación en línea, o aplicación móvil si el objetivo de la publicidad es basado en cualquier información, incluyendo información cubierta e identificadores únicos persistentes, que el operador ha adquirido por medio del uso del sitio web del operador, servicio en línea, aplicación en línea, o aplicación móvil para un propósito escolar; Citas: TEC 32.152(a)(1)
Práctica	Usar información, incluyendo identificadores únicos persistentes, creados o reunidos por el operador del sitio web, servicio en línea, aplicación en línea, o aplicación móvil, para crear un perfil acerca de un estudiante a menos que el perfil es creado para un propósito escolar; o Citas: TEC 32.152(a)(2)
Práctica	Vender o alquilar cualquier información cubierta del estudiante, a no ser que: Citas: TEC 32.152(a)(3)
Práctica	La compra, fusión, o cualquier otro tipo de adquisición de un operador por otra entidad, si el operador o la entidad sucesora cumple con la información del estudiante previamente adquirida; o Citas: TEC 32.152(c)(1)
Práctica	Un proveedor nacional de evaluación si el proveedor obtiene el consentimiento afirmativo explícito del estudiante o el padre del estudiante, dado en respuesta al aviso claro y conspicuo, y si la información es usada solamente para proporcionar acceso a empleo, becas educativas, ayuda financiera, o oportunidades educativas postsecundarias. Citas: TEC 32.152(c)(2) TEC 32.153(b) TEC 32.154(5)
Práctica	Un operador puede usar o divulgar, en cumplimiento con la estructura de NUEVA DIVULGACIÓN DE REGISTROS, información cubierta: Citas: TEC 32.153(a) TEC 32.157 TEC 32.157(9)
Práctica	Para promover un propósito escolar del sitio web, servicio en línea, aplicación en línea, o aplicación móvil y el receptor de la información cubierta no divulga la información a menos que la divulgación es para permitir o mejorar operabilidad y funcionalidad del sitio web del operador, servicio en línea, aplicación en línea, o aplicación móvil; Citas: TEC 32.153(a)(1)
Práctica	Para asegurar cumplimiento legal y regulatorio; Citas: TEC 32.153(a)(2)
Práctica	Para proteger contra la responsabilidad; Citas: TEC 32.153(a)(3)
Práctica	Para responder a o participar en el proceso judicial; Citas: TEC 32.153(a)(4)
Práctica	Para proteger la seguridad o integridad de los usuarios del sitio web, servicio en línea, aplicación en línea o aplicación móvil; Citas: TEC 32.153(a)(5)(A)
Práctica	Para proteger la seguridad del sitio web, servicio en línea, aplicación en línea, o aplicación móvil; Citas: TEC 32.153(a)(5)(B)
Práctica	Para satisfacer una solicitud del estudiante o padre del estudiante a una escuela, educación o propósito de empleo y la información no es usada o divulgada para cualquier otro propósito; Citas: TEC 32.153(a)(6)
Práctica	Para un propósito de investigación legítimo, un propósito escolar, o propósito educativo de postsecundaria; Citas: TEC 32.153(a)(7)
Práctica	Para una solicitud por la agencia de educación local para un propósito escolar; Citas: TEC 32.153(a)(8)
Práctica	Si una disposición de la ley federal o estatal requiere al operador divulgar la información; Citas: TEC 32.153(c)
Práctica	Para una tercera parte si el operador ha contratado con la tercera parte para proporcionar un servicio para un propósito escolar para o en nombre del operador. El contrato debe prohibir a la tercera parte de usar cualquier información cubierta para cualquier propósito que no sea proporcionar el servicio contratado. El operador debe requerir a la tercera parte implementar y mantener procedimientos y prácticas razonables diseñadas para prevenir divulgación de información cubierta; Citas: TEC 32.153(d)
Práctica	Para recomendar a un estudiante servicios adicionales o contenido relacionado a una oportunidad educativa, de aprendizaje, o empleo dentro del sitio web, servicio en línea, aplicación en línea, oaplicación móvil si la recomendación no es determinada por pago u otra consideración de la tercera parte; Citas: TEC 32.154(3)
Práctica	Para el desarrollo y mejora de sitios webs educativos, servicios en línea, aplicaciones en línea, o aplicaciones móvil, si la información cubierta no es asociada con un estudiante identificado; Citas: TEC 32.154(2)
Práctica	Por la autoridad de una agencia de ley para obtener cualquier información de un operador según autorizado por la ley o bajo una orden judicial; Citas: TEC 32.157(1)
Práctica	Para aprendizaje adaptado o personalizado para propósitos de aprendizaje del estudiante; o Citas: TEC 32.157(2)
Práctica	Para mantener, desarrollar, apoyar, mejorar, o diagnosticar el sitio web del operador, servicio en línea, aplicación en línea, o aplicacion móvil. Citas: TEC 32.153(e) TEC 32.154

Name	Last Updated On

Name	Last Updated On

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

34 Code of Federal Regulations § 99.3 What definitions apply to these regulations?

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., 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.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (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.

Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an educational agency or institution with respect to an infraction or violation of the internal rules of conduct applicable to students of the agency or institution. Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records by any means, including oral, written, or electronic means, to any party except the party identified as the party that provided or created the record.

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), 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
(c) A program that—
   (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
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

Educational agency or institution means any public or private agency or institution to which this part applies under §99.1(a).

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.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (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.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (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
         (C) Are not available for use for any other purpose.
      (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.
   (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. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

Eligible student means a student who has reached 18 years of age or is attending an institution of postsecondary education.

Institution of postsecondary education means an institution that provides education to students beyond the secondary school level; “secondary school level” means the educational level (not beyond grade 12) at which secondary education is provided as determined under State law.

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.

Party means an individual, agency, institution, or organization.

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(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
(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.

Record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

Secretary means the Secretary of the U.S. Department of Education or an official or employee of the Department of Education acting for the Secretary under a delegation of authority.

Student, except as otherwise specifically provided in this part, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records.

Last Amended: 76 FR 75641, Dec. 2, 2011
Entered: Jan. 19, 2012

CONFIDENTIALITY OF INFORMATION

CONFIDENCIALIDAD DE INFORMACIÓN

Authorities: 34 CFR Parts 99, 300; Texas Education Code