REDISCLOSURE OF INFORMATION

	FEDERAL AND STATE REQUIREMENTS
Practice	A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions who is considered a school official is subject to the requirements of this framework. Citations: 99.31(a)(1)(i)(B)(3)
Practice	An educational agency or institution may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. Citations: 99.33(a)(1)
Practice	The officers, employees, and agents of a party that receives information on the condition that the party not disclose the information to any other party without the prior consent of the parent or eligible student may use the information, but only for the purposes for which the disclosure was made. Citations: 99.33(a)(2)
	CONDITIONS FOR REDISCLOSURE WITHOUT CONSENT
Practice	The condition that the party not disclose the information to any other party without the prior consent of the parent or eligible student does not apply when a redisclosure is made based on the following exceptions: Citations: 99.33(c)
Practice	To parents of dependent students as defined in the Internal Revenue Code of 1986 according to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework; Citations: 99.33(c) 99.31(a)(8) 26 USC 152
Practice	To comply with a court order or lawfully issued subpoena according to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework; Citations: 99.33(c) 99.31(a)(9)
Practice	As directory information under the DISCLOSURE OF DIRECTORY INFORMATION and WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION frameworks; Citations: 99.33(c) 99.31(a)(11)
Practice	To the parent of a student who is not an eligible student or to the student under the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework; Citations: 99.33(c) 99.31(a)(12)
Practice	When the disclosure is in connection with and satisfies the elements of a disciplinary proceeding at an institution of postsecondary education; Citations: 99.33(c) 99.31(a)(14) 99.39
Practice	When the disclosure is to a parent of a student at an institution of postsecondary education regarding the student's violation of any federal, state, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance; and Citations: 99.33(c) 99.31(a)(15)
Practice	When the disclosure concerns sex offenders and other individuals required to register under the section of the Violent Crime Control and Law Enforcement Act of 1994 and satisfies the elements of the exception. Citations: 99.33(c) 99.31(a)(16) 20 USC 1092(f)
Practice	An educational agency or institution must inform a party to whom disclosure is made of the requirements of redisclosure except for redisclosures made under an exception. Citations: 99.33(d) 99.31(a)(8) 99.31(a)(9) 99.31(a)(11) 99.31(a)(12)
Practice	The condition that the party not disclose the information to any other party without the prior consent of the parent or eligible student does not prevent an educational agency or institution from disclosing personally identifiable information with the understanding that the party receiving the information may make further disclosures of the information on behalf of the educational agency or institution if: Citations: 99.33(b)(1) 99.33(a)
Practice	The disclosures meet the requirements of the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework; and Citations: 99.33(b)(1)(i) 99.33(b)(1)(ii)(B) 99.31(a)(3) 99.31
Practice	The educational agency or institution has complied with the requirements of the RECORD OF ACCESS framework. Citations: 99.33(b)(1)(ii)

Name	Last Updated On

Name	Last Updated On

26 United States Code § 152. Dependent defined.

(a) In general
For purposes of this subtitle, the term “dependent” means—
   (1) a qualifying child, or
   (2) a qualifying relative.

(b) Exceptions
For purposes of this section—
   (1) Dependents ineligible If an individual is a dependent of a taxpayer for any taxable year of such taxpayer beginning in a calendar year, such individual shall be treated as having no dependents for any taxable year of such individual beginning in such calendar year.
   (2) Married dependents An individual shall not be treated as a dependent of a taxpayer under subsection (a) if such individual has made a joint return with the individual’s spouse under section 6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
   (3) Citizens or nationals of other countries
      (A) In general
The term “dependent” does not include an individual who is not a citizen or national of the United States unless such individual is a resident of the United States or a country contiguous to the United States.
      (B) Exception for adopted child
Subparagraph (A) shall not exclude any child of a taxpayer (within the meaning of subsection (f)(1)(B)) from the definition of “dependent” if—
         (i) for the taxable year of the taxpayer, the child has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household, and
         (ii) the taxpayer is a citizen or national of the United States.

(c) Qualifying child
For purposes of this section—
   (1) In general
The term “qualifying child” means, with respect to any taxpayer for any taxable year, an individual—
      (A) who bears a relationship to the taxpayer described in paragraph (2),
      (B) who has the same principal place of abode as the taxpayer for more than one-half of such taxable year,
      (C) who meets the age requirements of paragraph (3), and
      (D) who has not provided over one-half of such individual’s own support for the calendar year in which the taxable year of the taxpayer begins, and
      (E) who has not filed a joint return (other than only for a claim of refund) with the individual's spouse under section
6013 for the taxable year beginning in the calendar year in which the taxable year of the taxpayer begins.
   (2) Relationship
For purposes of paragraph (1)(A), an individual bears a relationship to the taxpayer described in this paragraph if such individual is—
      (A) a child of the taxpayer or a descendant of such a child, or
      (B) a brother, sister, stepbrother, or stepsister of the taxpayer or a descendant of any such relative.
   (3) Age requirements
      (A) In general
For purposes of paragraph (1)(C), an individual meets the requirements of this paragraph if such individual is younger than the taxpayer claiming such individual as a qualifying child and -
         (i) has not attained the age of 19 as of the close of the calendar year in which the taxable year of the taxpayer begins, or
         (ii) is a student who has not attained the age of 24 as of the close of such calendar year.
      (B) Special rule for disabled
In the case of an individual who is permanently and totally disabled (as defined in section 22 (e)(3) ) at any time during such calendar year, the requirements of subparagraph (A) shall be treated as met with respect to such individual.
   (4) Special rule relating to 2 or more who can claim the same qualifying child
      (A) In general
Except as provided in subparagraphs (B) and (C), if (but for this paragraph) an individual may be and is claimed as a qualifying child by 2 or more taxpayers for a taxable year beginning in the same calendar year, such individual shall be treated as the qualifying child of the taxpayer who is—
         (i) a parent of the individual, or
         (ii) if clause (i) does not apply, the taxpayer with the highest adjusted gross income for such taxable year.
      (B) More than 1 parent claiming qualifying child
If the parents claiming any qualifying child do not file a joint return together, such child shall be treated as the qualifying child of—
         (i) the parent with whom the child resided for the longest period of time during the taxable year, or
         (ii) if the child resides with both parents for the same amount of time during such taxable year, the parent with the highest adjusted gross income.
      (C) No parent claiming qualifying child
If the parents of an individual may claim such individual as a qualifying child but no parent so claims the individual, such
individual may be claimed as the qualifying child of another taxpayer but only if the adjusted gross income of such
taxpayer is higher than the highest adjusted gross income of any parent of the individual.

(d) Qualifying relative
For purposes of this section—
   (1) In general
The term “qualifying relative” means, with respect to any taxpayer for any taxable year, an individual—
      (A) who bears a relationship to the taxpayer described in paragraph (2),
      (B) whose gross income for the calendar year in which such taxable year begins is less than the exemption amount (as defined in section 151 (d) ),
      (C) with respect to whom the taxpayer provides over one-half of the individual’s support for the calendar year in which such taxable year begins, and
      (D) who is not a qualifying child of such taxpayer or of any other taxpayer for any taxable year beginning in the calendar year in which such taxable year begins.
   (2) Relationship
For purposes of paragraph (1)(A), an individual bears a relationship to the taxpayer described in this paragraph if the individual is any of the following with respect to the taxpayer:
      (A) A child or a descendant of a child.
      (B) A brother, sister, stepbrother, or stepsister.
      (C) The father or mother, or an ancestor of either.
      (D) A stepfather or stepmother.
      (E) A son or daughter of a brother or sister of the taxpayer.
      (F) A brother or sister of the father or mother of the taxpayer.
      (G) A son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law.
      (H) An individual (other than an individual who at any time during the taxable year was the spouse, determined without regard to section 7703, of the taxpayer) who, for the taxable year of the taxpayer, has the same principal place of abode as the taxpayer and is a member of the taxpayer’s household.
   (3) Special rule relating to multiple support agreements
For purposes of paragraph (1)(C), over one-half of the support of an individual for a calendar year shall be treated as received from the taxpayer if—
      (A) no one person contributed over one-half of such support,
      (B) over one-half of such support was received from 2 or more persons each of whom, but for the fact that any such person alone did not contribute over one-half of such support, would have been entitled to claim such individual as a dependent for a taxable year beginning in such calendar year,
      (C) the taxpayer contributed over 10 percent of such support, and
      (D) each person described in subparagraph (B) (other than the taxpayer) who contributed over 10 percent of such support files a written declaration (in such manner and form as the Secretary may by regulations prescribe) that such person will not claim such individual as a dependent for any taxable year beginning in such calendar year.
   (4) Special rule relating to income of handicapped dependents
   (A) In general
For purposes of paragraph (1)(B), the gross income of an individual who is permanently and totally disabled (as defined in section 22 (e)(3) ) at any time during the taxable year shall not include income attributable to services performed by the individual at a sheltered workshop if—
         (i) the availability of medical care at such workshop is the principal reason for the individual’s presence there, and
         (ii) the income arises solely from activities at such workshop which are incident to such medical care.
      (B) Sheltered workshop defined
For purposes of subparagraph (A), the term “sheltered workshop” means a school—
         (i) which provides special instruction or training designed to alleviate the disability of the individual, and
         (ii) which is operated by an organization described in section 501 (c)(3) and exempt from tax under section 501 (a) , or by a State, a possession of the United States, any political subdivision of any of the foregoing, the United States, or the District of Columbia.
   (5) Special rules for support
For purposes of this subsection—
      (A) payments to a spouse which are includible in the gross income of such spouse under section 71 or 682 shall not be treated as a payment by the payor spouse for the support of any dependent, and
      (B) in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.

(e) Special rule for divorced parents, etc.
   (1) In general
Notwithstanding subsection (c)(1)(B), (c)(4), or (d)(1)(C), if—
      (A) a child receives over one-half of the child’s support during the calendar year from the child’s parents—
         (i) who are divorced or legally separated under a decree of divorce or separate maintenance,
         (ii) who are separated under a written separation agreement, or
         (iii) who live apart at all times during the last 6 months of the calendar year, and—
      (B) such child is in the custody of 1 or both of the child’s parents for more than one-half of the calendar year, such child shall be treated as being the qualifying child or qualifying relative of the noncustodial parent for a calendar year if the requirements described in paragraph (2) or (3) are met.
   (2) Exception where custodial parent releases claim to exemption for the year
For purposes of paragraph (1), the requirements described in this paragraph are met with respect to any calendar year if—
      (A) the custodial parent signs a written declaration (in such manner and form as the Secretary may by regulations prescribe) that such custodial parent will not claim such child as a dependent for any taxable year beginning in such calendar year, and
      (B) the noncustodial parent attaches such written declaration to the noncustodial parent’s return for the taxable year beginning during such calendar year.
   (3) Exception for certain pre-1985 instruments
      (A) In general
For purposes of paragraph (1), the requirements described in this paragraph are met with respect to any calendar year if—
         (i) a qualified pre-1985 instrument between the parents applicable to the taxable year beginning in such calendar year provides that the noncustodial parent shall be entitled to any deduction allowable under section 151 for such child, and
         (ii) the noncustodial parent provides at least $600 for the support of such child during such calendar year. For purposes of this subparagraph, amounts expended for the support of a child or children shall be treated as received from the noncustodial parent to the extent that such parent provided amounts for such support.
      (B) Qualified pre-1985 instrument
For purposes of this paragraph, the term “qualified pre-1985 instrument” means any decree of divorce or separate maintenance or written agreement—
         (i) which is executed before January 1, 1985,
         (ii) which on such date contains the provision described in subparagraph (A)(i), and
         (iii) which is not modified on or after such date in a modification which expressly provides that this paragraph shall not apply to such decree or agreement.
   (4) Custodial parent and noncustodial parent
For purposes of this subsection—
      (A) Custodial parent
The term “custodial parent” means the parent having custody for the greater portion of the calendar year.
      (B) Noncustodial parent The term “noncustodial parent” means the parent who is not the custodial parent.
   (5) Exception for multiple-support agreement
This subsection shall not apply in any case where over one-half of the support of the child is treated as having been received from a taxpayer under the provision of subsection (d)(3).
   (6) Special rule for support received from new spouse of parent
For purposes of this subsection, in the case of the remarriage of a parent, support of a child received from the parent’s spouse shall be treated as received from the parent.

(f) Other definitions and rules
For purposes of this section—
   (1) Child defined
      (A) In general
The term “child” means an individual who is—
         (i) a son, daughter, stepson, or stepdaughter of the taxpayer, or
         (ii) an eligible foster child of the taxpayer.
      (B) Adopted child In determining whether any of the relationships specified in subparagraph (A)(i) or paragraph (4) exists, a legally adopted individual of the taxpayer, or an individual who is lawfully placed with the taxpayer for legal adoption by the taxpayer, shall be treated as a child of such individual by blood.
      (C) Eligible foster child For purposes of subparagraph (A)(ii), the term “eligible foster child” means an individual who is placed with the taxpayer by an authorized placement agency or by judgment, decree, or other order of any court of competent jurisdiction.
   (2) Student defined
The term “student” means an individual who during each of 5 calendar months during the calendar year in which the taxable year of the taxpayer begins—
      (A) is a full-time student at an educational organization described in section 170 (b)(1)(A)(ii) , or
      (B) is pursuing a full-time course of institutional on-farm training under the supervision of an accredited agent of an educational organization described in section 170(b)(1)(A)(ii) or of a State or political subdivision of a State.
   (3) Determination of household status
An individual shall not be treated as a member of the taxpayer’s household if at any time during the taxable year of the taxpayer the relationship between such individual and the taxpayer is in violation of local law.
   (4) Brother and sister
The terms “brother” and “sister” include a brother or sister by the half blood.
   (5) Special support test in case of students
For purposes of subsections (c)(1)(D) and (d)(1)(C), in the case of an individual who is—
      (A) a child of the taxpayer, and
      (B) a student, amounts received as scholarships for study at an educational organization described in section 170 (b)(1)(A)(ii) shall not be taken into account.
   (6) Treatment of missing children
      (A) In general
Solely for the purposes referred to in subparagraph (B), a child of the taxpayer—
         (i) who is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of the family of such child or the taxpayer, and
         (ii) who had, for the taxable year in which the kidnapping occurred, the same principal place of abode as the taxpayer for more than one-half of the portion of such year before the date of the kidnapping, shall be treated as meeting the requirement of subsection (c)(1)(B) with respect to a taxpayer for all taxable years ending during the period that the child is kidnapped.
      (B) Purposes
Subparagraph (A) shall apply solely for purposes of determining—
         (i) the deduction under section 151 (c) ,
         (ii) the credit under section 24 (relating to child tax credit),
         (iii) whether an individual is a surviving spouse or a head of a household (as such terms are defined in section 2 ), and
         (iv) the earned income credit under section 32 .
      (C) Comparable treatment of certain qualifying relatives
For purposes of this section, a child of the taxpayer—
         (i) who is presumed by law enforcement authorities to have been kidnapped by someone who is not a member of the family of such child or the taxpayer, and
         (ii) who was (without regard to this paragraph) a qualifying relative of the taxpayer for the portion of the taxable year before the date of the kidnapping, shall be treated as a qualifying relative of the taxpayer for all taxable years ending during the period that the child is kidnapped.
      (D) Termination of treatment
Subparagraphs (A) and (C) shall cease to apply as of the first taxable year of the taxpayer beginning after the calendar year in which there is a determination that the child is dead (or, if earlier, in which the child would have attained age 18).
   (7) Cross references
For provision treating child as dependent of both parents for purposes of certain provisions, see sections 105 (b) , 132 (h)(2)(B) , and 213 (d)(5) .

Last Amended:   Pub. L. 110-351, title V, Sec. 501(a), (b), (c)(2), Oct. 7, 2008, 122 Stat. 3979, 3980
Entered: July 7, 2010

34 Code of Federal Regulations § 99.31 Under what conditions is prior consent not required to disclose information?

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by Sec. 99.30 if the disclosure meets one or more of the following conditions:
. . .
    (9)
       (i) The disclosure is to comply with a judicial order or lawfully issued subpoena.
       (ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with—
(A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
          (B) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
          (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
       (iii)
          (A) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.
          (B) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself.
. . .

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

20 United States Code § 1092. Institutional and financial assistance information for students.

. . .
(f) Disclosure of campus security policy and campus crime statistics
(1) Each eligible institution participating in any program under this subchapter, other than a foreign institution of higher education, shall on August 1, 1991, begin to collect the following information with respect to campus crime statistics and campus security policies of that institution, and beginning September 1, 1992, and each year thereafter, prepare, publish, and distribute, through appropriate publications or mailings, to all current students and employees, and to any applicant for enrollment or employment upon request, an annual security report containing at least the following information with respect to the campus security policies and campus crime statistics of that institution:
(A) A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution's response to such reports.
(B) A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.
(C) A statement of current policies concerning campus law enforcement, including-
(i) the law enforcement authority of campus security personnel;
(ii) the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
(iii) policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies, when the victim of such crime elects or is unable to make such a report.
(D) A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others.
(E) A description of programs designed to inform students and employees about the prevention of crimes.
(F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available-
(i) of the following criminal offenses reported to campus security authorities or local police agencies:
(I) murder;
(II) sex offenses, forcible or nonforcible;
(III) robbery;
(IV) aggravated assault;
(V) burglary;
(VI) motor vehicle theft;
(VII) manslaughter;
(VIII) arson;
(IX) arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession; and
(ii) of the crimes described in subclauses (I) through (VIII) of clause (i), of larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, national origin, sexual orientation, gender identity,,2 ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, which data shall be collected and reported according to category of prejudice; and
(iii) of domestic violence, dating violence, and stalking incidents that were reported to campus security authorities or local police agencies.
(G) A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-campus student organizations which are recognized by the institution and that are engaged in by students attending the institution, including those student organizations with off-campus housing facilities.
(H) A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs as required under section 1011i of this title.
(I) A statement advising the campus community where law enforcement agency information provided by a State under section 14071(j) 3 of title 42, concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.
(J) A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to-
(i) immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, as defined in paragraph (6), unless issuing a notification will compromise efforts to contain the emergency;
(ii) publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
(iii) test emergency response and evacuation procedures on an annual basis.
(2) Nothing in this subsection shall be construed to authorize the Secretary to require particular policies, procedures, or practices by institutions of higher education with respect to campus crimes or campus security.
(3) Each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall make timely reports to the campus community on crimes considered to be a threat to other students and employees described in paragraph (1)(F) that are reported to campus security or local law police agencies. Such reports shall be provided to students and employees in a manner that is timely, that withholds the names of victims as confidential, and that will aid in the prevention of similar occurrences.
(4)
(A) Each institution participating in any program under this subchapter, other than a foreign institution of higher education, that maintains a police or security department of any kind shall make, keep, and maintain a daily log, written in a form that can be easily understood, recording all crimes reported to such police or security department, including-
(i) the nature, date, time, and general location of each crime; and
(ii) the disposition of the complaint, if known.
(B)
(i) All entries that are required pursuant to this paragraph shall, except where disclosure of such information is prohibited by law or such disclosure would jeopardize the confidentiality of the victim, be open to public inspection within two business days of the initial report being made to the department or a campus security authority.
(ii) If new information about an entry into a log becomes available to a police or security department, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police or security department.
(iii) If there is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, such information may be withheld until that damage is no longer likely to occur from the release of such information.
(5) On an annual basis, each institution participating in any program under this subchapter, other than a foreign institution of higher education, shall submit to the Secretary a copy of the statistics required to be made available under paragraph (1)(F). The Secretary shall-
(A) review such statistics and report to the authorizing committees on campus crime statistics by September 1, 2000;
(B) make copies of the statistics submitted to the Secretary available to the public; and
(C) in coordination with representatives of institutions of higher education, identify exemplary campus security policies, procedures, and practices and disseminate information concerning those policies, procedures, and practices that have proven effective in the reduction of campus crime.
(6)
(A) In this subsection:
(i) The terms "dating violence", "domestic violence", and "stalking" have the meaning given such terms in section 13925(a) of title 42.
(ii) The term "campus" means-
(I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and
(II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
(iii) The term "noncampus building or property" means-
(I) any building or property owned or controlled by a student organization recognized by the institution; and
(II) any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution's educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
(iv) The term "public property" means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution's educational purposes.
(v) The term "sexual assault" means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
(B) In cases where branch campuses of an institution of higher education, schools within an institution of higher education, or administrative divisions within an institution are not within a reasonably contiguous geographic area, such entities shall be considered separate campuses for purposes of the reporting requirements of this section.
(7) The statistics described in clauses (i) and (ii) of paragraph (1)(F) shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as implemented pursuant to the Hate Crime Statistics Act. For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in section 13925(a) of title 42. Such statistics shall not identify victims of crimes or persons accused of crimes.
(8)
(A) Each institution of higher education participating in any program under this subchapter and title IV of the Economic Opportunity Act of 1964,3other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding-
(i) such institution's programs to prevent domestic violence, dating violence, sexual assault, and stalking; and
(ii) the procedures that such institution will follow once an incident of domestic violence, dating violence, sexual assault, or stalking has been reported, including a statement of the standard of evidence that will be used during any institutional conduct proceeding arising from such a report.
(B) The policy described in subparagraph (A) shall address the following areas:
(i) Education programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault, and stalking, which shall include-
(I) primary prevention and awareness programs for all incoming students and new employees, which shall include-
(aa) a statement that the institution of higher education prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;
(bb) the definition of domestic violence, dating violence, sexual assault, and stalking in the applicable jurisdiction;
(cc) the definition of consent, in reference to sexual activity, in the applicable jurisdiction;
(dd) safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
(ee) information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks; and
(ff) the information described in clauses (ii) through (vii); and
(II) ongoing prevention and awareness campaigns for students and faculty, including information described in items (aa) through (ff) of subclause (I).
(ii) Possible sanctions or protective measures that such institution may impose following a final determination of an institutional disciplinary procedure regarding rape, acquaintance rape, domestic violence, dating violence, sexual assault, or stalking.
(iii) Procedures victims should follow if a sex offense, domestic violence, dating violence, sexual assault, or stalking has occurred, including information in writing about-
(I) the importance of preserving evidence as may be necessary to the proof of criminal domestic violence, dating violence, sexual assault, or stalking, or in obtaining a protection order;
(II) to whom the alleged offense should be reported;
(III) options regarding law enforcement and campus authorities, including notification of the victim's option to-
(aa) notify proper law enforcement authorities, including on-campus and local police;
(bb) be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and
(cc) decline to notify such authorities; and
(IV) where applicable, the rights of victims and the institution's responsibilities regarding orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court.
(iv) Procedures for institutional disciplinary action in cases of alleged domestic violence, dating violence, sexual assault, or stalking, which shall include a clear statement that-
(I) such proceedings shall-
(aa) provide a prompt, fair, and impartial investigation and resolution; and
(bb) be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability;
(II) the accuser and the accused are entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice; and
(III) both the accuser and the accused shall be simultaneously informed, in writing, of-
(aa) the outcome of any institutional disciplinary proceeding that arises from an allegation of domestic violence, dating violence, sexual assault, or stalking;
(bb) the institution's procedures for the accused and the victim to appeal the results of the institutional disciplinary proceeding;
(cc) of any change to the results that occurs prior to the time that such results become final; and(dd) when such results become final.
(v) Information about how the institution will protect the confidentiality of victims, including how publicly-available recordkeeping will be accomplished without the inclusion of identifying information about the victim, to the extent permissible by law.
(vi) Written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community.
(vii) Written notification of victims about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested by the victim and if such accommodations are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement.
(C) A student or employee who reports to an institution of higher education that the student or employee has been a victim of domestic violence, dating violence, sexual assault, or stalking, whether the offense occurred on or off campus, shall be provided with a written explanation of the student or employee's rights and options, as described in clauses (ii) through (vii) of subparagraph (B).
(9) The Secretary, in consultation with the Attorney General of the United States, shall provide technical assistance in complying with the provisions of this section to an institution of higher education who requests such assistance.
(10) Nothing in this section shall be construed to require the reporting or disclosure of privileged information.
(11) The Secretary shall report to the appropriate committees of Congress each institution of higher education that the Secretary determines is not in compliance with the reporting requirements of this subsection.
(12) For purposes of reporting the statistics with respect to crimes described in paragraph (1)(F), an institution of higher education shall distinguish, by means of separate categories, any criminal offenses that occur-
(A) on campus;
(B) in or on a noncampus building or property;
(C) on public property; and
(D) in dormitories or other residential facilities for students on campus.
(13) Upon a determination pursuant to section 1094(c)(3)(B) of this title that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under this subsection, the Secretary shall impose a civil penalty upon the institution in the same amount and pursuant to the same procedures as a civil penalty is imposed under section 1094(c)(3)(B) of this title.
(14)
(A) Nothing in this subsection may be construed to-
(i) create a cause of action against any institution of higher education or any employee of such an institution for any civil liability; or
(ii) establish any standard of care.
(B) Notwithstanding any other provision of law, evidence regarding compliance or noncompliance with this subsection shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity, except with respect to an action to enforce this subsection.
(15) The Secretary shall annually report to the authorizing committees regarding compliance with this subsection by institutions of higher education, including an up-to-date report on the Secretary's monitoring of such compliance.
(16)
(A) The Secretary shall seek the advice and counsel of the Attorney General of the United States concerning the development, and dissemination to institutions of higher education, of best practices information about campus safety and emergencies.
(B) The Secretary shall seek the advice and counsel of the Attorney General of the United States and the Secretary of Health and Human Services concerning the development, and dissemination to institutions of higher education, of best practices information about preventing and responding to incidents of domestic violence, dating violence, sexual assault, and stalking, including elements of institutional policies that have proven successful based on evidence-based outcome measurements.
(17) No officer, employee, or agent of an institution participating in any program under this subchapter shall retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of this subsection.
(18) This subsection may be cited as the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act".

Last Amended: Pub. L. 113–4, title III, §304(a), Mar. 7, 2013, 127 Stat. 89
Entered: Aug. 1, 2017

34 Code of Federal Regulations § 99.31 Under what conditions is prior consent not required to disclose information?

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by Sec. 99.30 if the disclosure meets one or more of the following conditions:
. . .
    (9)
       (i) The disclosure is to comply with a judicial order or lawfully issued subpoena.
       (ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with—
(A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
          (B) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
          (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
       (iii)
          (A) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.
          (B) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself.
. . .

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

34 Code of Federal Regulations § 99.31 Under what conditions is prior consent not required to disclose information?

(a) An educational agency or institution may disclose personally identifiable information from an education record of a student without the consent required by Sec. 99.30 if the disclosure meets one or more of the following conditions:
   (1)(i)
         (A) The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests.
         (B) A contractor, consultant, volunteer, or other party to whom an agency or institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party—
(1) Performs an institutional service or function for which the agency or institution would otherwise use employees;
            (2) Is under the direct control of the agency or institution with respect to the use and maintenance of education records; and
            (3) Is subject to the requirements of §99.33(a) governing the use and redisclosure of personally identifiable information from education records.
      (ii) An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement in paragraph (a)(1)(i)(A) of this section.
   (2) The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer.

Note: Section 4155(b) of the No Child Left Behind Act of 2001, 20 U.S.C. 7165(b), requires each State to assure the Secretary of Education that it has a procedure in place to facilitate the transfer of disciplinary records with respect to a suspension or expulsion of a student by a local educational agency to any private or public elementary or secondary school in which the student is subsequently enrolled or seeks, intends, or is instructed to enroll.

   (3) The disclosure is, subject to the requirements of Sec. 99.35, to authorized representatives of—
      (i) The Comptroller General of the United States;
      (ii) The Attorney General of the United States;
      (iii) The Secretary; or
      (iv) State and local educational authorities.
   (4)
      (i) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
         (A) Determine eligibility for the aid;
         (B) Determine the amount of the aid;
         (C) Determine the conditions for the aid; or
         (D) Enforce the terms and conditions of the aid.
      (ii) As used in paragraph (a)(4)(i) of this section, financial aid means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) that is conditioned on the individual's attendance at an educational agency or institution.
   (5)
      (i) The disclosure is to State and local officials or authorities to whom this information is specifically—
         (A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or
         (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of Sec. 99.38.
      (ii) Paragraph (a)(5)(i) of this section does not prevent a State from further limiting the number or type of State or local officials to whom disclosures may be made under that paragraph.
   (6)
      (i) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to:
         (A) Develop, validate, or administer predictive tests;
         (B) Administer student aid programs; or
         (C) Improve instruction.
      (ii) Nothing in the Act or this part prevents a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this
section from entering into agreements with organizations conducting studies under paragraph (a)(6)(i) of this section and redisclosing personally identifiable
information from education records on behalf of educational agencies and institutions that disclosed the information to the State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section in accordance with the requirements of §99.33(b).
      (iii) An educational agency or institution may disclose personally identifiable information under paragraph (a)(6)(i) of this section, and a State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section may redisclose personally identifiable information under paragraph (a)(6)(i) and (a)(6)(ii) of this section, only if—
(A) The study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization that have legitimate interests in the information;
         (B) The information is destroyed when no longer needed for the purposes for which the study was conducted; and
         (C) The educational agency or institution or the State or local educational authority or agency headed by an official listed in paragraph (a)(3) of this section enters into a written agreement with the organization that—   (1) Specifies the purpose, scope, and duration of the study or studies and the information to be disclosed;
            (2) Requires the organization to use personally identifiable information from education records only to meet the purpose or purposes of the study as stated in the written agreement;
            (3) Requires the organization to conduct the study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests; and
            (4) Requires the organization to destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.
      (iv) An educational agency or institution or State or local educational authority or Federal agency headed by an official listed in paragraph (a)(3) of
this section is not required to initiate a study or agree with or endorse the conclusions or results of the study.
      (v) For the purposes of paragraph (a)(6) of this section, the term "organization" includes, but is not limited to, Federal, State, and local agencies, and independent organizations.
   (7) The disclosure is to accrediting organizations to carry out their accrediting functions.
   (8) The disclosure is to parents, as defined in Sec. 99.3, of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.
   (9)
      (i) The disclosure is to comply with a judicial order or lawfully issued subpoena.
      (ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this section only if the agency or institution makes a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action, unless the disclosure is in compliance with—
(A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
         (B) Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed; or
         (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18 U.S.C. 2331.
      (iii)
         (A) If an educational agency or institution initiates legal action against a parent or student, the educational agency or institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for the educational agency or institution to proceed with the legal action as plaintiff.
         (B) If a parent or eligible student initiates legal action against an educational agency or institution, the educational agency or institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself.
   (10) The disclosure is in connection with a health or safety emergency, under the conditions described in Sec. 99.36.
   (11) The disclosure is information the educational agency or institution has designated as "directory information'', under the conditions described in Sec. 99.37.
   (12) The disclosure is to the parent of a student who is not an eligible student or to the student.
   (13) The disclosure, subject to the requirements in Sec. 99.39, is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by the institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed.
   (14)
      (i) The disclosure, subject to the requirements in Sec. 99.39, is in connection with a disciplinary proceeding at an institution of postsecondary education. The institution must not disclose the final results of the disciplinary proceeding unless it determines that—
(A) The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and
         (B) With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies.
      (ii) The institution may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student.
      (iii) This section applies only to disciplinary proceedings in which the final results were reached on or after October 7, 1998.
   (15)
      (i) The disclosure is to a parent of a student at an institution of postsecondary education regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if—
(A) The institution determines that the student has committed a disciplinary violation with respect to that use or possession; and
         (B) The student is under the age of 21 at the time of the disclosure to the parent.
      (ii) Paragraph (a)(15) of this section does not supersede any provision of State law that prohibits an institution of postsecondary education from disclosing information.
   (16) The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable Federal guidelines.

(b)
   (1) De-identified records and information. An educational agency or institution, or a party that has received education records or information from education records under this part, may release the records or information without the consent required by §99.30 after the removal of all personally identifiable information provided that the educational agency or institution or other party has made a reasonable determination that a student’s identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.
   (2) An educational agency or institution, or a party that has received education records or information from education records under this part, may release de-identified student level data from education records for the purpose of education research by attaching a code to each record that may allow the recipient to match information received from the same source, provided that—
      (i) An educational agency or institution or other party that releases de-identified data under paragraph (b)(2) of this section does not disclose any information about how it generates and assigns a record code, or that would allow a recipient to identify a student based on a record code;
      (ii) The record code is used for no purpose other than identifying a de-identified record for purposes of education research and cannot be used to ascertain personally identifiable information about a student; and
      (iii) The record code is not based on a student’s social security number or other personal information.

(c) An educational agency or institution must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom the agency or institution discloses personally identifiable information from education records.

(d) Paragraphs (a) and (b) of this section do not require an educational agency or institution or any other party to disclose education records or information from education records to any party except for parties under paragraph (a)(12) of this section.

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

REDISCLOSURE OF INFORMATION

REDISCLOSURE OF INFORMATION

Authorities: 20 USC § 1092; 26 USC § 152; 34 CFR Part 99