DISCLOSURE OF DIRECTORY INFORMATION

Los artículos de documentación indican los requerimientos que deben ser documentados en el proceso de educación especial. Pueden ser llenados en formas o por una declaración representativa en un diálogo por escrito.

Los artículos de práctica son requisitos, que deben de reflejarse en la práctica.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(c)  A school district may designate as directory information any or all information defined as directory information by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  Directory information under that Act that is not designated by a district as directory information for that district is excepted from disclosure by the district under Chapter 552, Government Code.
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information?

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
   (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
   (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
   (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

(b) An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request.

(c) A parent or eligible student may not use the right under paragraph (a)(2) of this section to opt out of directory information disclosures to—
   (1) Prevent an educational agency or institution from disclosing or requiring a student to disclose the student’s name, identifier, or institutional email address in a class in which the student is enrolled; or
   (2) Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under §99.3 and that has been properly designated by the educational agency or institution as
directory information in the public notice provided under paragraph (a)(1) of this section.

(d) In its public notice to parents and eligible students in attendance at the agency or institution that is described in paragraph (a) of this section, an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice that is described in paragraph (a) of this section.

(e) An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in §99.30 if a student’s social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student’s records.


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
    (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
    (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
   (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
. . . 


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
. . . 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
. . . 


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
. . .  
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . . 


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
    (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

Texas Education Code § 26.013. Student Directory Information.  

(a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: 
      (1)  a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student;  and 
      (2)  written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
    (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

Texas Education Code § 26.013. Student Directory Information.  

(a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: 
      (1)  a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student;  and 
      (2)  written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
      (1)  the following statement in boldface type that is 14-point or larger:  
     "Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information        unless the parent or guardian objects to the release of the directory information about the student.  If you do not want [insert name of school district] to disclose                        directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date].  [Insert name of      school district] has designated the following information as directory information:  [Here a school district must include any directory information it chooses to designate           as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received,         date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized                   activities and sports, and the weight and height of members of athletic teams.]"; 

      (2)  a form, such as a check-off list or similar mechanism, that:           
          (A)  immediately follows, on the same page or the next page, the statement required under Subdivision (1);  and 
          (B)  allows a parent to record:                                              
              (i)  the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information; 
              (ii)  the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education;  and 
              (iii)  the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication;  and 
       (3)  a statement that federal law requires districts receiving assistance under the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military recruiter or an institution of higher education, on request, with the name, address, and telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent.
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.  

(a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: 
      (1)  a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student;  and 
      (2)  written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.  

(a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: 
    (1)  a written explanation of the provisions of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), regarding the release of directory information about the student;  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information?

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
   (1) The types of personally identifiable information that the agency or institution has designated as directory information; 
   (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
   (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

(b) An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request.

(c) A parent or eligible student may not use the right under paragraph (a)(2) of this section to opt out of directory information disclosures to—
   (1) Prevent an educational agency or institution from disclosing or requiring a student to disclose the student’s name, identifier, or institutional email address in a class in which the student is enrolled; or
   (2) Prevent an educational agency or institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information under §99.3 and that has been properly designated by the educational agency or institution as
directory information in the public notice provided under paragraph (a)(1) of this section.

(d) In its public notice to parents and eligible students in attendance at the agency or institution that is described in paragraph (a) of this section, an educational agency or institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When an educational agency or institution specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice that is described in paragraph (a) of this section.

(e) An educational agency or institution may not disclose or confirm directory information without meeting the written consent requirements in §99.30 if a student’s social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student’s records.


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

Texas Education Code § 26.013. Student Directory Information.  

(a) A school district shall provide to the parent of each district student at the beginning of each school year or on enrollment of the student after the beginning of a school year: 
. . . 
    (2)  written notice of the right of the parent to object to the release of directory information about the student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
. . . 
    (2) A parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student designated as directory information; and 
. . . 


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
    (1)  the following statement in boldface type that is 14-point or larger:  
"Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about the student.  If you do not want [insert name of school district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date].  [Insert name of school district] has designated the following information as directory information:  [Here a school district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]"; 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
    (1)  the following statement in boldface type that is 14-point or larger:  
"Certain information about district students is considered directory information and will be released to anyone who follows the procedures for requesting the information unless the parent or guardian objects to the release of the directory information about the student.  If you do not want [insert name of school district] to disclose directory information from your child's education records without your prior written consent, you must notify the district in writing by [insert date].  [Insert name of school district] has designated the following information as directory information:  [Here a school district must include any directory information it chooses to designate as directory information for the district, such as a student's name, address, telephone listing, electronic mail address, photograph, degrees, honors and awards received, date and place of birth, major field of study, dates of attendance, grade level, most recent educational institution attended, and participation in officially recognized activities and sports, and the weight and height of members of athletic teams.]"; 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

(a) An educational agency or institution may disclose directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of: 
. . .  
    (3) The period of time within which a parent or eligible student has to notify the agency or institution in writing that he or she does not want any or all of those types of information about the student designated as directory information. 
. . . 


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
      (3)  a statement that federal law requires districts receiving assistance under the Elementary and Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.) to provide a military recruiter or an institution of higher education, on request, with the name, address, and telephone number of a secondary student unless the parent has advised the district that the parent does not want the student's information disclosed without the parent's prior written consent.


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
    (2)  a form, such as a check-off list or similar mechanism, that:           
         (A)  immediately follows, on the same page or the next page, the statement required under Subdivision (1);  and 
         (B)  allows a parent to record:                                              
            (i)  the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information; 
             (ii)  the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education;  and 
             (iii)  the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication;  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
    (2)  a form, such as a check-off list or similar mechanism, that:           
          (A)  immediately follows, on the same page or the next page, the statement required under Subdivision (1);  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
     (2)  a form, such as a check-off list or similar mechanism, that:           
. . . 
          (B)  allows a parent to record:                                              
              (i)  the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information; 
              (ii)  the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education;  and 
              (iii)  the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication;  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
    (2)  a form, such as a check-off list or similar mechanism, that:           
. . . 
       (B)  allows a parent to record:                                              
            (i)  the parent's objection to the release of all directory information or one or more specific categories of directory information if district policy permits the parent to object to one or more specific categories of directory information; 
  . . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
      (2)  a form, such as a check-off list or similar mechanism, that:           
. . . 
          (B)  allows a parent to record:                                              
. . .  
              (ii)  the parent's objection to the release of a secondary student's name, address, and telephone number to a military recruiter or institution of higher education;  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(b)  The notice required by Subsection (a)(2) must contain:                    
. . . 
     (2)  a form, such as a check-off list or similar mechanism, that:           
. . . 
          (B)  allows a parent to record:                                              
. . . 
              (iii)  the parent's consent to the release of one or more specific categories of directory information for a limited school-sponsored purpose if such purpose has been designated by the district and is specifically identified, such as for a student directory, student yearbook, or district publication;  and 
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.   

. . . 
(c)  A school district may designate as directory information any or all information defined as directory information by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).  Directory information under that Act that is not designated by a district as directory information for that district is excepted from disclosure by the district under Chapter 552, Government Code.
. . . 


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

Texas Education Code § 26.013. Student Directory Information.  

. . . 
(d)  Directory information consented to by a parent for use only for a limited school-sponsored purpose, such as for a student directory, student yearbook, or school district publication, if any such purpose has been designated by the district, remains otherwise confidential and may not be released under Chapter 552, Government Code.


Last Amended: 79th Leg., ch. 687, Sec. 1, eff. June 17, 2005
Entered:  Oct. 17, 2007

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

. . . 
(b) An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

34 Code of Federal Regulations § 99.37  What conditions apply to disclosing directory information? 

. . . 
(b) An educational agency or institution may disclose directory information about former students without complying with the notice and opt out conditions in paragraph (a) of this section. However, the agency or institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. 
. . .  


Last Amended:  76 FR 75642, Dec. 2, 2011
Entered:  Jan. 23, 2012

OSEP  Letter to Feuchtenberger (February 2, 2006)

OSEP Letter to Elder (February 11, 2004)