CONFIDENTIALITY OF INFORMATION

Document items indicate requirements to be documented in the special education process. They can be addressed on forms or by a representative statement in a written dialogue.

Practice items are requirements, which must be reflected in practice.

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 § 300.623  Safeguards. 

(a) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. 

(b) One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. 

(c) All persons collecting or using personally identifiable information must receive training or instruction regarding the State’s policies and procedures under §300.123 and 34 CFR part 99. 

(d) Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information.


Last Amended:  71 FR 46803, Aug. 14, 2006
Entered:  June 9, 2009
SBS

34 Code of Federal Regulations § 300.623  Safeguards. 

(a) Each participating agency must protect the confidentiality of personally identifiable information at collection, storage, disclosure, and destruction stages. 
. . . 


Last Amended:  71 FR 46803, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.623  Safeguards. 

. . . 
(d) Each participating agency must maintain, for public inspection, a current listing of the names and positions of those employees within the agency who may have access to personally identifiable information. 


Last Amended:  71 FR 46803, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.623  Safeguards. 

. . . 
(b) One official at each participating agency must assume responsibility for ensuring the confidentiality of any personally identifiable information. 
. . . 


Last Amended:  71 FR 46803, Aug. 14, 2006
Entered:  June 9, 2009

34 Code of Federal Regulations § 300.623  Safeguards. 

. . . 
(c) All persons collecting or using personally identifiable information must receive training or instruction regarding the State’s policies and procedures under §300.123 and 34 CFR part 99. 
. . . 


Last Amended:  71 FR 46803, Aug. 14, 2006
Entered:  June 9, 2009

Texas Education Code § 32.151. Definitions. 

In this subchapter: 
. . . 
(3) "Operator" means, to the extent operating in this capacity, the operator of a website, online service, online application, or mobile application who has actual knowledge that the website, online service, online application, or mobile application is used primarily for a school purpose and was designed and marketed for a school purpose. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017 

Texas Education Code § 32.151. Definitions.

In this subchapter: 
(1) "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format, that is not publicly available and is: 
(A) created by or provided to an operator by a student or the student’s parent in the course of the student’s or parent’s use of the operator’s website, online service, online application, or mobile application for a school purpose; 
(B) created by or provided to an operator by an employee of a school district or school campus for a school purpose; or 
(C) gathered by an operator through the operation of the operator’s website, online service, online application, or mobile application for a school purpose and personally identifies a student, including the student’s educational record, electronic mail, first and last name, home address, telephone number, electronic mail address, information that allows physical or online contact, discipline records, test results, special education data, juvenile delinquency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, student identifiers, search activity, photograph, voice recordings, or geolocation information. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017 

Texas Education Code § 32.151. Definitions. 

In this subchapter: 
(1) "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format, that is not publicly available and is: 
(A) created by or provided to an operator by a student or the student’s parent in the course of the student’s or parent’s use of the operator’s website, online service, online application, or mobile application for a school purpose; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.151. Definitions. 

In this subchapter: 
(1) "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format, that is not publicly available and is: 
. . . 
(B) created by or provided to an operator by an employee of a school district or school campus for a school purpose; or 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.151. Definitions. 

In this subchapter: 
(1) "Covered information" means personally identifiable information or information that is linked to personally identifiable information, in any media or format, that is not publicly available and is: 
. . .  
(C) gathered by an operator through the operation of the operator’s website, online service, online application, or mobile application for a school purpose and personally identifies a student, including the student’s educational record, electronic mail, first and last name, home address, telephone number, electronic mail address, information that allows physical or online contact, discipline records, test results, special education data, juvenile delinquency records, grades, evaluations, criminal records, medical records, health records, social security number, biometric information, disabilities, socioeconomic information, food purchases, political affiliations, religious information, text messages, student identifiers, search activity, photograph, voice recordings, or geolocation information. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.151. Definitions.

In this subchapter: 
. . . 
(5) "School purpose" means a purpose that is directed by or customarily takes place at the direction of a school district, school campus, or teacher or assists in the administration of school activities, including instruction in the classroom or at home, administrative activities, and collaboration between students, school personnel, or parents, or is otherwise for the use and benefit of the school. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017 

Texas Education Code § 32.151. Definitions. 

In this subchapter: 
. . . 
(6) "Targeted advertising" means presenting an advertisement to a student in which the advertisement is selected for the student based on information obtained or inferred over time from the student’s online behavior, usage of applications, or covered information. The term does not include advertising to a student at an online location based on the student’s visit to that location at that time, or in response to the student’s request for information or feedback, without the retention of the student’s online activities or requests over time for the purpose of targeting subsequent advertisements.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017 

Texas Education Code § 32.152. Prohibited Use of Covered Information.


(a) An operator may not knowingly: 
(1) engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired through the use of the operator’s website, online service, online application, or mobile application for a school purpose; 
(2) use information, including persistent unique identifiers, created or gathered by the operator’s website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or 
(3) except as provided by Subsection (c), sell or rent any student’s covered information. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.152. Prohibited Use of Covered Information.

(a) An operator may not knowingly: 
(1) engage in targeted advertising on any website, online service, online application, or mobile application if the target of the advertising is based on any information, including covered information and persistent unique identifiers, that the operator has acquired through the use of the operator’s website, online service, online application, or mobile application for a school purpose; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.152. Prohibited Use of Covered Information.

(a) An operator may not knowingly: 
. . . 
(2) use information, including persistent unique identifiers, created or gathered by the operator’s website, online service, online application, or mobile application, to create a profile about a student unless the profile is created for a school purpose; or 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.152. Prohibited Use of Covered Information. 

(a) An operator may not knowingly: 
. . . 
(3) except as provided by Subsection (c), sell or rent any student’s covered information. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.152. Prohibited Use of Covered Information. 

. . . 
(c) Subsection (a)(3) does not apply to: 
(1) the purchase, merger, or any other type of acquisition of an operator by another entity, if the operator or successor entity complies with this subchapter regarding previously acquired student information; or 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.152. Prohibited Use of Covered Information. 

. . . 
(c) Subsection (a)(3) does not apply to: 
. . .  
(2) a national assessment provider if the provider secures the express affirmative consent of the student or the student’s parent, given in response to clear and conspicuous notice, and if the information is used solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

. . . 
(b) A national assessment provider or a provider of a college and career counseling service may, in response to a request of a student, and on receiving the express affirmative consent of the student or the student’s parent given in response to clear and conspicuous notice, use or disclose covered information solely to provide access to employment, educational scholarships, financial aid, or postsecondary educational opportunities. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.154. Allowed Use of Covered Information. 

This subchapter does not prohibit an operator from: 
. . . 
(5) if the operator is a national assessment provider or a provider of a college and career counseling service, identifying for a student, with the express affirmative consent of the student or the student’s parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institution of higher education or scholarship provider provides consideration to the operator.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  
(a) An operator may use or disclose covered information under the following circumstances: 
(1) to further a school purpose of the website, online service, online application, or mobile application and the recipient of the covered information disclosed under this subsection does not further disclose the information unless the disclosure is to allow or improve operability and functionality of the operator’s website, online service, online application, or mobile application; 
(2) to ensure legal and regulatory compliance; 
(3) to protect against liability; 
(4) to respond to or participate in the judicial process; 
(5) to protect: 
(A) the safety or integrity of users of the website, online service, online application, or mobile application; or 
(B) the security of the website, online service, online application, or mobile application; 
(6) for a school, education, or employment purpose requested by the student or the student’s parent and the information is not used or disclosed for any other purpose; 
(7) to use the covered information for: 
(A) a legitimate research purpose; or 
(B) a school purpose or postsecondary educational purpose; or 
(8) for a request by the agency or the school district for a school purpose. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.157. Applicability.

This subchapter does not:
(1) limit the authority of a law enforcement agency to obtain any information from an operator as authorized by law or under a court order;

(2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes;

(3) apply to general audience:
(A) websites;
(B) online services;
(C) online applications; or
(D) mobile applications;

(4) limit service providers from providing Internet connection to school districts or students and students’ families;

(5) prohibit an operator from marketing educational products directly to a student’s parent if the marketing is not a result of the use of covered information obtained by the operator through providing services to the school district;

(6) impose a duty on a provider of an electronic store, gateway, marketplace, or other means of purchasing or downloading software or applications to review or enforce compliance with this subchapter on those applications or software;

(7) impose a duty on a provider of an interactive computer service to review or enforce compliance with this subchapter by third-party content providers;

(8) prohibit a student from downloading, exporting, transferring, saving, or maintaining the student’s data or documents; or

(9) alter the rights or duties of the operator, provider, school, parent, or student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other federal law.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.157. Applicability. 

This subchapter does not: 
. . . 
(9) alter the rights or duties of the operator, provider, school, parent, or student under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g) or other federal law.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
(1) to further a school purpose of the website, online service, online application, or mobile application and the recipient of the covered information disclosed under this subsection does not further disclose the information unless the disclosure is to allow or improve operability and functionality of the operator’s website, online service, online application, or mobile application; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(2) to ensure legal and regulatory compliance; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(3) to protect against liability; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(4) to respond to or participate in the judicial process; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(5) to protect: 
(A) the safety or integrity of users of the website, online service, online application, or mobile application; or 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(5) to protect: 
. . .  
(B) the security of the website, online service, online application, or mobile application; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . . 
(6) for a school, education, or employment purpose requested by the student or the student’s parent and the information is not used or disclosed for any other purpose; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . .  
(7) to use the covered information for: 
(A) a legitimate research purpose; or 
(B) a school purpose or postsecondary educational purpose; or 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

(a) An operator may use or disclose covered information under the following circumstances: 
. . .  
(8) for a request by the agency or the school district for a school purpose. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

. . . 
(c) An operator may disclose covered information if a provision of federal or state law requires the operator to disclose the information. The operator must comply with the requirements of federal and state law to protect the information being disclosed. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

. . . 
(d) An operator may disclose covered information to a third party if the operator has contracted with the third party to provide a service for a school purpose for or on behalf of the operator. The contract must prohibit the third party from using any covered information for any purpose other than providing the contracted service. The operator must require the third party to implement and maintain reasonable procedures and practices designed to prevent disclosure of covered information. 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.154. Allowed Use of Covered Information. 

This subchapter does not prohibit an operator from: 
. . . 
(3) recommending to a student additional services or content relating to an educational, learning, or employment opportunity within a website, online service, online application, or mobile application if the recommendation is not determined by payment or other consideration from a third party; 
. . . 



Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.154. Allowed Use of Covered Information. 

This subchapter does not prohibit an operator from: 
. . . 
(2) sharing covered information that is not associated with an identified student for the development and improvement of educational websites, online services, online applications, or mobile applications; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.157. Applicability. 

This subchapter does not: 
(1) limit the authority of a law enforcement agency to obtain any information from an operator as authorized by law or under a court order; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.157. Applicability. 

This subchapter does not: 
. . . 
(2) limit the ability of an operator to use student data, including covered information, for adaptive learning or customized student learning purposes; 
. . . 


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.153. Allowed Disclosure of Covered Information.  

. . . 
(e) Nothing in this subchapter prohibits the operator’s use of covered information for maintaining, developing, supporting, improving, or diagnosing the operator’s website, online service, online application, or mobile application.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

Texas Education Code § 32.154. Allowed Use of Covered Information.  

This subchapter does not prohibit an operator from: 
(1) using covered information: 
(A) to improve educational products if that information is not associated with an identified student using the operator ’s website, online service, online application, or mobile application; and 
(B) that is not associated with an identified student to demonstrate the effectiveness of the operator ’s products or services and to market the operator ’s services; 

(2) sharing covered information that is not associated with an identified student for the development and improvement of educational websites, online services, online applications, or mobile applications; 

(3) recommending to a student additional services or content relating to an educational, learning, or employment opportunity within a website, online service, online application, or mobile application if the recommendation is not determined by payment or other consideration from a third party; 

(4) responding to a student ’s request for information or for feedback without the information or response being determined by payment or other consideration from a third party; or 

(5) if the operator is a national assessment provider or a provider of a college and career counseling service, identifying for a student, with the express affirmative consent of the student or the student ’s parent, institutions of higher education or scholarship providers that are seeking students who meet specific criteria, regardless of whether the identified institution of higher education or scholarship provider provides consideration to the operator.


Last Amended:  85th Leg., R.S., Ch. 355 (H.B. 2087), Sec. 2, eff. September 1, 2017
Entered:  July 31, 2017

·    Protecting Student Privacy (USDE)

Protecting Student Privacy While Using Online Educational Services: Model Terms of Service (USDE)

OSEP Letter to Copenhaver (April 17, 2008)

OSEP Letter to Anderson (March 7, 2008)