PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS

	FEDERAL AND STATE REQUIREMENTS
Practice	The parent of the child with a disability must be afforded an opportunity to examine all records relating to the child as described in the Notice of Procedural Safeguards. Citations: 300.501(a)
	DEFINITIONS
Practice	Under the Family Educational Rights and Privacy Act and for the purposes of the RECORDS frameworks: Citations: 300.611(b)
Practice	Eligible student means the student who has reached 18 years of age or is attending an institution of postsecondary education; Citations: 99.3
Practice	A record is any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm and microfiche; and Citations: 99.3
Practice	Education records means those records that are: Citations: 99.3 300.611(b)
Practice	Directly related to the student; and Citations: 99.3 300.611(b)
Practice	Maintained by an educational agency or institution or by a party acting for the agency or institution. Citations: 99.3 300.611(b)
Practice	Records relating to an individual in attendance at the educational agency or institution, who is employed as a result of the student's status, are education records. Citations: 99.3 300.611(b)
Practice	Intervention strategy, as used in this framework, means a strategy in a multi-tiered system of supports that is above the level of intervention generally used in that system with all children. The term includes response to intervention and other early intervening strategies. Citations: TEC 26.004(a)
Practice	Education records do not include: Citations: 99.3 300.611(b)
Practice	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; Citations: 99.3 300.611(b)
Practice	Records of the law enforcement unit of an educational agency or institution; Citations: 99.3 300.611(b) 99.8
Practice	Records relating to an individual who is employed by an educational agency or institution that: Citations: 99.3 300.611(b)
Practice	Are made and maintained in the normal course of business; Citations: 99.3 300.611(b)
Practice	Relate exclusively to the individual in that individual's capacity as an employee; and Citations: 99.3 300.611(b)
Practice	Are not available for use for any other purpose; Citations: 99.3 300.611(b)
Practice	Records on the student who is 18 years of age or older, or is attending an institution of postsecondary education, that are: Citations: 99.3 300.611(b)
Practice	Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in a professional capacity or assisting in a paraprofessional capacity; Citations: 99.3 300.611(b)
Practice	Made, maintained, or used only in connection with treatment of the student; and Citations: 99.3 300.611(b)
Practice	Disclosed only to individuals providing the treatment, which does not include remedial educational activities or activities that are part of the program of instruction at the educational agency or institution; Citations: 99.3 300.611(b)
Practice	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; and Citations: 99.3 300.611(b)
Practice	Grades on peer-graded papers before they are collected and recorded by a teacher. Citations: 99.3 300.611(b)
	LIST OF TYPES AND LOCATIONS OF INFORMATION
Practice	Each local educational agency (LEA) must provide the parent, on request, a list of the types and locations of education records collected, maintained, or used by the LEA. Citations: 300.616
	STUDENT ASSESSMENT DATA PORTAL
Practice	The Texas Education Agency (TEA) will establish and maintain a student assessment data portal for use by LEAs, teachers, parents, students, and public institutions of higher education. Citations: TEC 32.258(a)
Practice	The TEA will establish a secure, interoperable system to be implemented through the portal under which: Citations: TEC 32.258(a)
Practice	A student, the student's parent, or other person standing in parental relationship can easily access the student's individual assessment data; Citations: TEC 32.258(a)(1)
Practice	An authorized employee of the LEA, including the LEA teacher, can readily access individual assessment data of LEA students for use in developing strategies for improving student performance; and Citations: TEC 32.258(a)(2)
Practice	An authorized employee of a public institution of higher education can readily access individual assessment data of students applying for admission for use in developing strategies for improving student performance. Citations: TEC 32.258(a)(3)
Practice	The secure, interoperable system will provide a means for a student, the student's parent, or other person standing in parental relationship to track the student's progress on assessment instrument requirements for graduation. Citations: TEC 32.258(b)
Practice	The TEA will establish an interoperable system to be implemented through the portal under which general student assessment data is easily accessible to the public. Citations: TEC 32.258(c)
Practice	Student assessment data provided through the portal will: Citations: TEC 32.258(d)
Practice	Be available on or before the first instructional day of the school year following the year in which the data is collected; and Citations: TEC 32.258(d)(1)
Practice	Include student performance data on assessment instruments over multiple years, including any data indicating progress in student achievement. Citations: TEC 32.258(d)(2)
	RIGHT TO INSPECT AND REVIEW RECORDS
Practice	An educational agency or institution must give full rights to the parent to inspect and review records relating to the parent's child, unless the agency or institution has been provided with evidence that there is a court order, state statute, or legally binding document relating to such matters as guardianship, divorce, separation, or custody that specifically revokes these rights. Citations: 99.4 300.613(c)
Practice	The parent or eligible student has the right to inspect and review any education records of the student that are collected, maintained, or used by the educational agency or institution, including: Citations: 99.10(a)(1) 300.613(a)
Practice	Attendance records; Citations: TEC 26.004(b)(1)
Practice	Test scores; Citations: TEC 26.004(b)(2)
Practice	Grades; Citations: TEC 26.004(b)(3)
Practice	Disciplinary records; Citations: TEC 26.004(b)(4)
Practice	Counseling records; Citations: TEC 26.004(b)(5)
Practice	Psychological records; Citations: TEC 26.004(b)(6)
Practice	Applications for admission; Citations: TEC 26.004(b)(7)
Practice	Health and immunization information; Citations: TEC 26.004(b)(8)
Practice	Teacher and school counselor evaluations; Citations: TEC 26.004(b)(9)
Practice	Reports of behavioral patterns; and Citations: TEC 26.004(b)(10)
Practice	Records relating to assistance provided for learning difficulties, including information collected regarding any intervention strategies used with the child. Citations: TEC 26.004(b)(11)
Practice	The right to inspect and review education records includes: Citations: 99.10 300.613(b)
Practice	The right to a response from the educational agency or institution to reasonable requests for explanations and interpretations of records; Citations: 99.10(c) 300.613(b)(1)
Practice	The right to request that the educational agency or institution provide copies of the records in compliance with COPIES INCLUDING FEES FOR COPIES;
Practice	The right to have the educational agency or institution preserve any education records for which an outstanding request to inspect and review exists; Citations: 99.10(e)
Practice	The right to have the treatment records of the student reviewed by a physician or other appropriate professional of the parent or eligible student's choice; and Citations: 99.10(f) 99.3
Practice	The right to have a representative of the parent or eligible student inspect and review the records. Citations: 300.613(b)(3)
	TIMELINE
Practice	The educational agency or institution must comply with a request to inspect and review any education records relating to the student: Citations: 99.10(b) 300.613(a)
Practice	Without unnecessary delay and within a reasonable period of time; Citations: 99.10(b) 300.613(a)
Document	Before any ADMISSION, REVIEW, AND DISMISSAL COMMITTEE MEETING; Citations: 300.613(a)
Document	Before a resolution session; Citations: 300.613(a) 300.510
Document	Before any due process hearing; and Citations: 300.613(a) 300.507 300.530 300.531 300.532
Document	Not more than 45 days after the request is received. Citations: 99.10(b) 300.613(a)
	RECORDS ON MORE THAN ONE STUDENT
Practice	If the education records of the student includes information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. Citations: 99.12(a) 300.615
	COPIES INCLUDING FEES FOR COPIES
Practice	If circumstances effectively prevent the parent or eligible student from exercising the right to inspect and review the student's education records, the educational agency or institution must: Citations: 99.10(d)
Practice	Provide the parent or eligible student with a copy of the records requested; or Citations: 99.10(d)(1)
Practice	Make other arrangements for the parent or eligible student to inspect and review the requested records. Citations: 99.10(d)(2)
Practice	An educational agency or institution may charge a reasonable fee for a copy of an education record which is made for the parent or eligible student, unless the imposition of a fee effectively prevents exercising the right to inspect and review the student's education records. Citations: TEC 26.012 99.11(a) 300.617(a)
Practice	An educational agency or institution must not charge a fee to search for or to retrieve the education records of a student. Citations: 99.11(b) 300.617(b)
Practice	When a disclosure of confidential records is made pursuant to the CONSENT FOR DISCLOSURE OF CONFIDENTIAL INFORMATION framework: Citations: 99.30(c) 99.30(a)
Practice	If the parent or eligible student so requests, the educational agency or institution must provide a copy of the records disclosed; and Citations: 99.30(c)(1)
Practice	If the parent of the student who is not an eligible student as defined in the ANNUAL NOTIFICATION framework, the educational agency or institution must provide the student with a copy of the records disclosed. Citations: 99.30(c)(2)
Practice	When a disclosure of confidential information is made pursuant to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, specifically under the conditions that apply to disclosure of information to other educational agencies or institutions, the educational agency or institution must give the parent or eligible student, upon request, a copy of the record that was disclosed. Citations: 99.34(a)(2)

Name	Last Updated On

Name	Last Updated On

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

34 Code of Federal Regulations § 99.8 What provisions apply to records of a law enforcement unit?

(a)
   (1) Law enforcement unit means any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution to—
(i) Enforce any local, State, or Federal law, or refer to appropriate authorities a matter for enforcement of any local, State, or Federal law against any individual or organization other than the agency or institution itself; or
      (ii) Maintain the physical security and safety of the agency or institution.
   (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student.

(b)
   (1) Records of law enforcement unit means those records, files, documents, and other materials that are—
(i) Created by a law enforcement unit;
      (ii) Created for a law enforcement purpose; and
      (iii) Maintained by the law enforcement unit.
   (2) Records of law enforcement unit does not mean—
(i) Records created by a law enforcement unit for a law enforcement purpose that are maintained by a component of the educational agency or institution other than the law enforcement unit; or
      (ii) Records created and maintained by a law enforcement unit exclusively for a non-law enforcement purpose, such as a disciplinary action or proceeding conducted by the educational agency or institution.

(c)
   (1)Nothing in the Act prohibits an educational agency or institution from contacting its law enforcement unit, orally or in writing, for the purpose of asking that unit to investigate a possible violation of, or to enforce, any local, State, or Federal law.
   (2) Education records, and personally identifiable information contained in education records, do not lose their status as education records and remain subject to the Act, including the disclosure provisions of §99.30, while in possession of the law enforcement unit.

(d) The Act neither requires nor prohibits the disclosure by any educational agency or institution of its law enforcement unit records.

Last Amended:  60 FR 3469, Jan 17, 1995
Entered: June 12, 2009

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

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

The following definitions apply to this part:

Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of the General Education Provisions Act.

Attendance includes, but is not limited to—
(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and
(b) The period during which a person is working under a work-study program.

Authorized representative means any entity or individual designated by a State or local educational authority or an agency headed by an official listed in §99.31(a)(3) to conduct—with respect to Federal- or State-supported education programs—any audit or evaluation, or any compliance or enforcement activity in connection with Federal legal requirements that relate to these programs.

Biometric record, as used in the definition of personally identifiable information, means a record of one or more measurable biological or behavioral characteristics that can be used for automated recognition of an individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial characteristics; and handwriting.

Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or institution.

Directory information means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.
(a) Directory information includes, but is not limited to, the student’s name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended.
(b) Directory information does not include a student’s—
   (1) Social security number; or
   (2) Student identification (ID) number, except as provided in paragraph (c) of this definition.
(c) In accordance with paragraphs (a) and (b) of this definition, directory information includes—
   (1) A student ID number, user ID, or other unique personal identifier used by a student for purposes of accessing or communicating in electronic
   systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that
   authenticate the user’s identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized
   user; and
   (2) A student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain
   access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or
   other factor known or possessed only by the authorized user.

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

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

Early childhood education program means—
(a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 9831 et seq.), including a migrant or seasonal
Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding;
(b) A State licensed or regulated child care program; or
(c) A program that—
   (1) Serves children from birth through age six that addresses the children’s cognitive (including language, early literacy, and early mathematics), social,
   emotional, and physical development; and
   (2) Is—
      (i) A State prekindergarten program;
      (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or
      (iii) A program operated by a local educational agency.

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

Education program means any program that is principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution.

Education records.
(a) The term means those records that are:
   (1) Directly related to a student; and
   (2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
   (1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8.
   (3)
      (i) Records relating to an individual who is employed by an educational agency or institution, that:
         (A) Are made and maintained in the normal course of business;
         (B) Relate exclusively to the individual in that individual's capacity as an employee; and
         (C) Are not available for use for any other purpose.
      (ii) Records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student are
      education records and not excepted under paragraph (b)(3)(i) of this definition.
   (4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      (i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional
      capacity or assisting in a paraprofessional capacity;
      (ii) Made, maintained, or used only in connection with treatment of the student; and
      (iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational
      activities or activities that are part of the program of instruction at the agency or institution; and
   (5) Records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly
   related to the individual’s attendance as a student.
   (6) Grades on peer-graded papers before they are collected and recorded by a teacher.

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

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

Parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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

Personally Identifiable Information

The term includes, but is not limited to—
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

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

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

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

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

34 Code of Federal Regulations § 300.510 Resolution process.

(a) Resolution meeting.
    (1) Within 15 days of receiving notice of the parent’s due process complaint, and prior to the initiation of a due process hearing under §300.511, the LEA must convene a meeting with the parent and the relevant member or members of the IEP Team who have specific knowledge of the facts identified in the due process complaint that—
      (i) Includes a representative of the public agency who has decision-making authority on behalf of that agency; and
      (ii) May not include an attorney of the LEA unless the parent is accompanied by an attorney.
    (2) The purpose of the meeting is for the parent of the child to discuss the due process complaint, and the facts that form the basis of the due process complaint, so that the LEA has the opportunity to resolve the dispute that is the basis for the due process complaint.
   (3) The meeting described in paragraph (a)(1) and (2) of this section need not be held if—
(i) The parent and the LEA agree in writing to waive the meeting; or
      (ii) The parent and the LEA agree to use the mediation process described in §300.506.
   (4) The parent and the LEA determine the relevant members of the IEP Team to attend the meeting.

(b) Resolution period.
   (1) If the LEA has not resolved the due process complaint to the satisfaction of the parent within 30 days of the receipt of the due process complaint, the due process hearing may occur.
   (2) Except as provided in paragraph (c) of this section, the timeline for issuing a final decision under §300.515 begins at the expiration of this 30-day period.
   (3) Except where the parties have jointly agreed to waive the resolution process or to use mediation, notwithstanding paragraphs (b)(1) and (2) of this section, the failure of the parent filing a due process complaint to participate in the resolution meeting will delay the timelines for the resolution process and due process hearing until the meeting is held.
   (4) If the LEA is unable to obtain the participation of the parent in the resolution meeting after reasonable efforts have been made (and documented using the procedures in §300.322(d)), the LEA may, at the conclusion of the 30-day period, request that a hearing officer dismiss the parent’s due process complaint.
   (5) If the LEA fails to hold the resolution meeting specified in paragraph (a) of this section within 15 days of receiving notice of a parent’s due process complaint or fails to participate in the resolution meeting, the parent may seek the intervention of a hearing officer to begin the due process hearing timeline.

(c ) Adjustments to 30-day resolution period. The 45-day timeline for the due process hearing in §300.515(a) starts the day after one of the following events:
   (1) Both parties agree in writing to waive the resolution meeting;
   (2) After either the mediation or resolution meeting starts but before the end of the 30-day period, the parties agree in writing that no agreement is possible;
   (3) If both parties agree in writing to continue the mediation at the end of the 30-day resolution period, but later, the parent or public agency withdraws from the mediation process.

(d) Written settlement agreement. If a resolution to the dispute is reached at the meeting described in paragraphs (a)(1) and (2) of this section, the parties must execute a legally binding agreement that is—
   (1) Signed by both the parent and a representative of the agency who has the authority to bind the agency; and
   (2) Enforceable in any State court of competent jurisdiction or in a district court of the United States, or, by the SEA, if the State has other mechanisms or procedures that permit parties to seek enforcement of resolution agreements, pursuant to §300.537.

(e) Agreement review period. If the parties execute an agreement pursuant to paragraph (d) of this section, a party may void the agreement within 3 business days of the agreement’s execution.

Last Amended: 72 FR 61307, Oct. 30, 2007
Entered: June 8, 2009
SBS

34 Code of Federal Regulations § 300.530 Authority of school personnel.

(a) Case-by-case determination. School personnel may consider any unique circumstances on a case-by-case basis when determining whether a change in placement, consistent with the other requirements of this section, is appropriate for a child with a disability who violates a code of student conduct.

(b) General.
   (1) School personnel under this section may remove a child with a disability who violates a code of student conduct from his or her current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 consecutive school days (to the extent those alternatives are applied to children without disabilities), and for additional removals of not more than 10 consecutive school days in that same school year for separate incidents of misconduct (as long as those removals do not constitute a change of placement under §300.536).
   (2) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, during any subsequent days of removal the public agency must provide services to the extent required under paragraph (d) of this section.

(c) Additional authority. For disciplinary changes in placement that would exceed 10 consecutive school days, if the behavior that gave rise to the violation of the school code is determined not to be a manifestation of the child’s disability pursuant to paragraph (e) of this section, school personnel may apply the relevant disciplinary procedures to children with disabilities in the same manner and for the same duration as the procedures would be applied to children without disabilities, except as provided in paragraph (d) of this section.

(d) Services.
   (1) A child with a disability who is removed from the child’s current placement pursuant to paragraphs (c), or (g) of this section must—
      (i) Continue to receive educational services, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP; and
      (ii) Receive, as appropriate, a functional behavioral assessment, and behavioral intervention services and modifications, that are designed to address the behavior violation so that it does not recur.
   (2) The services required by paragraph (d)(1), (d)(3), (d)(4), and (d)(5) of this section may be provided in an interim alternative educational setting.
   (3) A public agency is only required to provide services during periods of removal to a child with a disability who has been removed from his or her current placement for 10 school days or less in that school year, if it provides services to a child without disabilities who is similarly removed.
   (4) After a child with a disability has been removed from his or her current placement for 10 school days in the same school year, if the current removal is for not more than 10 consecutive school days and is not a change of placement under §300.536, school personnel, in consultation with at least one of the child’s teachers, determine the extent to which services are needed, as provided in §300.101(a), so as to enable the child to continue to participate in the general education curriculum, although in another setting, and to progress toward meeting the goals set out in the child’s IEP.
   (5) If the removal is a change of placement under §300.536, the child’s IEP Team determines appropriate services under paragraph (d)(1) of this section.

(e) Manifestation determination.
   (1) Within 10 school days of any decision to change the placement of a child with a disability because of a violation of a code of student conduct, the LEA, the parent, and relevant members of the child’s IEP Team (as determined by the parent and the LEA) must review all relevant information in the student’s file, including the child’s IEP, any teacher observations, and any relevant information provided by the parents to determine—
      (i) If the conduct in question was caused by, or had a direct and substantial relationship to, the child’s disability; or
      (ii) If the conduct in question was the direct result of the LEA’s failure to implement the IEP.
   (2) The conduct must be determined to be a manifestation of the child’s disability if the LEA, the parent, and relevant members of the child’s IEP Team determine that a condition in either paragraph (e)(1)(i) or (1)(ii) of this section was met.
   (3) If the LEA, the parent, and relevant members of the child’s IEP Team determine the condition described in paragraph (e)(1)(ii) of this section was met, the LEA must take immediate steps to remedy those deficiencies.

(f) Determination that behavior was a manifestation. If the LEA, the parent, and relevant members of the IEP Team make the determination that the conduct was a manifestation of the child’s disability, the IEP Team must—
   (1) Either—
      (i) Conduct a functional behavioral assessment, unless the LEA had conducted a functional behavioral assessment before the behavior that resulted in the change of placement occurred, and implement a behavioral intervention plan for the child; or
      (ii) If a behavioral intervention plan already has been developed, review the behavioral intervention plan, and modify it, as necessary, to address the behavior; and
   (2) Except as provided in paragraph (g) of this section, return the child to the placement from which the child was removed, unless the parent and the LEA agree to a change of placement as part of the modification of the behavioral intervention plan.

(g) Special circumstances. School personnel may remove a student to an interim alternative educational setting for not more than 45 school days without regard to whether the behavior is determined to be a manifestation of the child’s disability, if the child—
   (1) Carries a weapon to or possesses a weapon at school, on school premises, or to or at a school function under the jurisdiction of an SEA or an LEA;
   (2) Knowingly possesses or uses illegal drugs, or sells or solicits the sale of a controlled substance, while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA; or
   (3) Has inflicted serious bodily injury upon another person while at school, on school premises, or at a school function under the jurisdiction of an SEA or an LEA.

(h) Notification. On the date on which the decision is made to make a removal that constitutes a change of placement of a child with a disability because of a violation of a code of student conduct, the LEA must notify the parents of that decision, and provide the parents the procedural safeguards notice described in §300.504.

(i) Definitions. For purposes of this section, the following definitions apply:
   (1) Controlled substance means a drug or other substance identified under schedules I, II, III, IV, or V in section (21 U.S.C. 812(c)).
   (2) Illegal drug means a controlled substance; but does not include a controlled substance that is legally possessed or used under the supervision of a licensed health-care professional or that is legally possessed or used under any other authority under that Act or under any other provision of Federal law.
   (3) Serious bodily injury has the meaning given the term ‘‘serious bodily injury’’ under paragraph (3) of subsection (h) of section 1365 of title 18, United States Code.
   (4) Weapon has the meaning given the term ‘‘dangerous weapon’’ under paragraph (2) of the first subsection (g) of section 930 of title 18, United States Code.

Last Amended: 71 FR 46798, Aug. 14, 2006
Entered: June 9, 2009
SBS

34 Code of Federal Regulations § 300.532 Appeal.

(a) General. The parent of a child with a disability who disagrees with any decision regarding placement under §§300.530 and 300.531, or the manifestation determination under §300.530(e), or an LEA that believes that maintaining the current placement of the child is substantially likely to result in injury to the child or others, may appeal the decision by requesting a hearing. The hearing is requested by filing a complaint pursuant to §§300.507 and 300.508(a) and (b).

(b) Authority of hearing officer.
    (1) A hearing officer under §300.511 hears, and makes a determination regarding an appeal under paragraph (a) of this section.
   (2) In making the determination under paragraph (b)(1) of this section, the hearing officer
may—
      (i) Return the child with a disability to the placement from which the child was removed if the hearing officer determines that the removal was a violation of §300.530 or that the child’s behavior was a manifestation of the child’s disability; or
      (ii) Order a change of placement of the child with a disability to an appropriate interim alternative educational setting for not more than 45 school days if the hearing officer determines that maintaining the current placement of the child is substantially likely to result in injury to the child or to others.
   (3) The procedures under paragraphs (a) and (b)(1) and (2) of this section may be repeated, if the LEA believes that returning the child to the original placement is substantially likely to result in injury to the child or to others.

(c) Expedited due process hearing.
   (1) Whenever a hearing is requested under paragraph (a) of this section, the parents or the LEA involved in the dispute must have an opportunity for an impartial due process hearing consistent with the requirements of §§300.507 and 300.508(a) through (c) and §§300.510 through 300.514, except as provided in paragraph (c)(2) through (4) of this section.
   (2) The SEA or LEA is responsible for arranging the expedited due process hearing, which must occur within 20 school days of the date the complaint requesting the hearing is filed. The hearing officer must make a determination within 10 school days after the hearing.
   (3) Unless the parents and LEA agree in writing to waive the resolution meeting described in paragraph (c)(3)(i) of this section, or agree to use the mediation process described in
§300.506—
      (i) A resolution meeting must occur within seven days of receiving notice of the due process complaint; and
      (ii) The due process hearing may proceed unless the matter has been resolved to the satisfaction of both parties within 15 days of the receipt of the due process complaint.
   (4) A State may establish different State-imposed procedural rules for expedited due process hearings conducted under this section than it has established for other due process hearings, but, except for the timelines as modified in paragraph (c)(3) of this section, the State must ensure that the requirements in §§300.510 through 300.514 are met.
   (5) The decisions on expedited due process hearings are appealable consistent with §300.514.

Last Amended: 71 FR 46799, Aug. 14, 2006
Entered: June 9, 2009
SBS

PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS

PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS

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