RECORD OF ACCESS

	FEDERAL AND STATE REQUIREMENTS
Practice	An educational agency or institution must: Citations: 99.32(a)(1) 300.614
Document	Maintain a record of each request for access to and each disclosure of personally identifiable information from the education records of each student, as defined in the PARENT OR ELIGIBLE STUDENT ACCESS TO EDUCATION RECORDS framework; and Citations: 99.32(a)(1) 300.614
Document	Include in the record of access a listing of authorities, officials, and agencies that may make further disclosures of the student's education records under the REDISCLOSURE OF INFORMATION framework in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs. Citations: 99.32(a)(1) 99.31(a)(3) 99.33(b) 99.35
	REQUIRED ENTRIES
Practice	For each request or disclosure, the record of access must include: Citations: 99.32(a)(3) 300.614
Document	The name of the party who requested or received personally identifiable information from the education records; Citations: 99.32(a)(3)(i) 300.614
Document	The legitimate interests the party had in requesting or obtaining the information—the purpose for which the party is authorized to use the records; and Citations: 99.32(a)(3)(ii) 300.614
Document	The date access was given. Citations: 300.614
Practice	If an educational agency or institution discloses personally identifiable information from an education record as permitted for REDISCLOSURE OF INFORMATION, except when a record of access is maintained by a state or local educational authority or federal official or agency who has access to records for auditing purposes, the record of access must include: Citations: 99.32(b)(1) 99.32(b)(2)
Document	The names of the additional parties to which the receiving party may disclose the information on behalf of the educational agency or institution; and Citations: 99.32(b)(1)(i)
Document	The legitimate interests, as provided in the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, which each of the additional parties has in requesting or obtaining the information. Citations: 99.32(b)(1)(ii)
Practice	When an educational agency or institution discloses personally identifiable information from education records under the health or safety emergency exception, according to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, it must record the following information: Citations: 99.32(a)(5) 99.31(a)(10) 99.36
Document	The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and Citations: 99.32(a)(5)(i)
Document	The parties to whom the agency or institution disclosed the information. Citations: 99.32(a)(5)(ii)
	OTHER GOVERNMENT AGENCIES' RECORDS OF ACCESS
Practice	When a state or local educational authority or federal official or agency has access to education records in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of or compliance with federal legal requirements that relate to those programs, makes further disclosures of information from education records according to the REDISCLOSURE OF INFORMATION framework, the auditing authority, official or agency must: Citations: 99.32(b)(2)(i) 99.31(a)(3) 99.33(b) 99.35
Document	Record the names of the additional parties to which it discloses information on behalf of an educational agency or institution; and Citations: 99.32(b)(2)(i)
Document	Record the parties' legitimate interests in the information, according to the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, if the information was received from: Citations: 99.32(b)(2)(i) 99.31
Practice	An educational agency or institution that has not recorded the further disclosures as part of its record of access entries; or Citations: 99.32(b)(2)(i)(A) 99.31(b)(1)
Practice	Another state or local educational authority or federal official or agency listed in the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework for audit purposes. Citations: 99.32(b)(2)(i)(B) 99.31(a)(3) 99.35
Practice	The auditing authority, official, or agency record of access may maintain the record of access by the student's class, school, district, or other appropriate grouping rather than by the name of the student. Citations: 99.32(b)(2)(ii) 99.32(b)(2)(i)
Practice	Upon request of an educational agency or institution, the auditing authority, official or agency that maintains the record of access of further disclosures must provide a copy of the record of access of further disclosures to the educational agency or institution within a reasonable period of time not to exceed 30 days. Citations: 99.32(b)(2)(iii) 99.32(b)(2)(i) 99.31(a)(3) 99.35
Practice	Upon request from the parent or eligible student to review the student's record of disclosures, the educational agency or institution must obtain a copy of the record of further disclosures as required in the REDISCLOSURE OF INFORMATION framework to be maintained by a state or local educational authority or federal official or agency and make it available in response to a parent's or eligible student's request to review the student's record of disclosures. Citations: 99.32(a)(4) 99.32(b)(2) 99.32(a)(1)
	PARTIES NOT REQUIRED TO BE ENTERED ON THE RECORD OF ACCESS
Practice	The following parties requesting or obtaining access do not have to be entered on the record of access: Citations: 99.32(d) 99.32(a)
Practice	The parent or eligible student; Citations: 99.32(d)(1)
Practice	A school official whom the agency or institution has determined to have a legitimate educational interest; Citations: 99.32(d)(2) 99.31(a)(1)
Practice	A party with written consent from the parent or eligible student; Citations: 99.32(d)(3)
Practice	A party seeking directory information according to the DISCLOSURE OF DIRECTORY INFORMATION framework; or Citations: 99.32(d)(4)
Practice	A party seeking or receiving the records as directed by a federal grand jury or other law enforcement subpoena and the issuing 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. Citations: 99.32(d)(5) 99.31(a)(9)(ii)
	RETENTION AND INSPECTION OF RECORD OF ACCESS
Practice	The educational agency or institution must maintain the record of access with the education records of the student for as long as the records are maintained. Citations: 99.32(a)(2)
Practice	A record of access for disclosure of personally identifiable information to a juvenile service provider as permitted by the WHEN CONSENT IS NOT REQUIRED TO DISCLOSE INFORMATION framework, must be maintained for seven years from the date of disclosure. Citations: TX Family Code 58.0051(c)
Practice	The record of access may be inspected by the following parties: Citations: 99.32(c)
Practice	The parent or eligible student; Citations: 99.32(c)(1)
Practice	The school official or assistants who are responsible for the custody of the records; and Citations: 99.32(c)(2)
Practice	For the purposes of auditing the recordkeeping procedures of the educational agency or institution by: Citations: 99.32(c)(3)
Practice	School officials, including teachers within the agency or institution whom the agency or institution has determined to have legitimate educational interests; and Citations: 99.32(c)(3) 99.31(a)(1)
Practice	Authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the United States Secretary of Education, or state and local educational authorities. Citations: 99.32(c)(3) 99.31(a)(3) 99.35

Name	Last Updated On

Name	Last Updated On

34 Code of Federal Regulations § 99.35 What conditions apply to disclosure of information for Federal or State program purposes?

(a)
   (1) Authorized representatives of the officials or agencies headed by officials listed in §99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
   (2) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) is responsible for using reasonable methods to ensure to the greatest extent practicable that any entity or individual designated as its authorized representative—
      (i) Uses personally identifiable information only to carry out an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements related to these programs;
      (ii) Protects the personally identifiable information from further disclosures or other uses, except as authorized in paragraph (b)(1) of this section; and
      (iii) Destroys the personally identifiable information in accordance with the requirements of paragraphs (b) and (c) of this section.
   (3) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) must use a written agreement to designate any authorized representative, other than an employee. The written agreement must—
      (i) Designate the individual or entity as an authorized representative;
      (ii) Specify—
         (A) The personally identifiable information from education records to be disclosed;
         (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those
programs; and
         (C) A description of the activity with sufficient specificity to make clear that the work falls within the exception of §99.31(a)(3), including a description of how the personally identifiable information from education records will be used;
      (iii) Require the authorized representative to destroy personally identifiable information from education records when the information is no longer needed for the purpose specified;
      (iv) Specify the time period in which the information must be destroyed; and
      (v) Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally
identifiable information from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting
use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs.

(b) Information that is collected under paragraph (a) of this section must—
   (1) Be protected in a manner that does not permit personal identification of individuals by anyone other than the State or local educational authority or agency headed by an official listed in §99.31(a)(3) and their authorized representatives, except that the State or local educational authority or agency
headed by an official listed in §99.31(a)(3) may make further disclosures of personally identifiable information from education records on behalf of the educational agency or institution in accordance with the requirements of §99.33(b); and
   (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section.

(c) Paragraph (b) of this section does not apply if:
   (1) The parent or eligible student has given written consent for the disclosure under §99.30; or
   (2) The collection of personally identifiable information is specifically authorized by Federal law.

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

34 Code of Federal Regulations § 99.36 What conditions apply to disclosure of information in health and safety emergencies?

(a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

(b) Nothing in the Act or this part shall prevent an educational agency or institution from-
   (1) Including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community;
   (2) Disclosing appropriate information maintained under paragraph (b)(1) of this section to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or
   (3) Disclosing appropriate information maintained under paragraph (b)(1) of this section to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.

(c) In making a determination under paragraph (a) of this section, an educational agency or institution may take into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination.

Last Amended: 73 FR 74854, Dec. 9, 2008
Entered: Jan. 14, 2009

34 Code of Federal Regulations § 99.35 What conditions apply to disclosure of information for Federal or State program purposes?

(a)
   (1) Authorized representatives of the officials or agencies headed by officials listed in §99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
   (2) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) is responsible for using reasonable methods to ensure to the greatest extent practicable that any entity or individual designated as its authorized representative—
      (i) Uses personally identifiable information only to carry out an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements related to these programs;
      (ii) Protects the personally identifiable information from further disclosures or other uses, except as authorized in paragraph (b)(1) of this section; and
      (iii) Destroys the personally identifiable information in accordance with the requirements of paragraphs (b) and (c) of this section.
   (3) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) must use a written agreement to designate any authorized representative, other than an employee. The written agreement must—
      (i) Designate the individual or entity as an authorized representative;
      (ii) Specify—
         (A) The personally identifiable information from education records to be disclosed;
         (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those
programs; and
         (C) A description of the activity with sufficient specificity to make clear that the work falls within the exception of §99.31(a)(3), including a description of how the personally identifiable information from education records will be used;
      (iii) Require the authorized representative to destroy personally identifiable information from education records when the information is no longer needed for the purpose specified;
      (iv) Specify the time period in which the information must be destroyed; and
      (v) Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally
identifiable information from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting
use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs.

(b) Information that is collected under paragraph (a) of this section must—
   (1) Be protected in a manner that does not permit personal identification of individuals by anyone other than the State or local educational authority or agency headed by an official listed in §99.31(a)(3) and their authorized representatives, except that the State or local educational authority or agency
headed by an official listed in §99.31(a)(3) may make further disclosures of personally identifiable information from education records on behalf of the educational agency or institution in accordance with the requirements of §99.33(b); and
   (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section.

(c) Paragraph (b) of this section does not apply if:
   (1) The parent or eligible student has given written consent for the disclosure under §99.30; or
   (2) The collection of personally identifiable information is specifically authorized by Federal law.

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

34 Code of Federal Regulations § 99.35 What conditions apply to disclosure of information for Federal or State program purposes?

(a)
   (1) Authorized representatives of the officials or agencies headed by officials listed in §99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
   (2) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) is responsible for using reasonable methods to ensure to the greatest extent practicable that any entity or individual designated as its authorized representative—
      (i) Uses personally identifiable information only to carry out an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements related to these programs;
      (ii) Protects the personally identifiable information from further disclosures or other uses, except as authorized in paragraph (b)(1) of this section; and
      (iii) Destroys the personally identifiable information in accordance with the requirements of paragraphs (b) and (c) of this section.
   (3) The State or local educational authority or agency headed by an official listed in §99.31(a)(3) must use a written agreement to designate any authorized representative, other than an employee. The written agreement must—
      (i) Designate the individual or entity as an authorized representative;
      (ii) Specify—
         (A) The personally identifiable information from education records to be disclosed;
         (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those
programs; and
         (C) A description of the activity with sufficient specificity to make clear that the work falls within the exception of §99.31(a)(3), including a description of how the personally identifiable information from education records will be used;
      (iii) Require the authorized representative to destroy personally identifiable information from education records when the information is no longer needed for the purpose specified;
      (iv) Specify the time period in which the information must be destroyed; and
      (v) Establish policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally
identifiable information from education records from further disclosure (except back to the disclosing entity) and unauthorized use, including limiting
use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs.

(b) Information that is collected under paragraph (a) of this section must—
   (1) Be protected in a manner that does not permit personal identification of individuals by anyone other than the State or local educational authority or agency headed by an official listed in §99.31(a)(3) and their authorized representatives, except that the State or local educational authority or agency
headed by an official listed in §99.31(a)(3) may make further disclosures of personally identifiable information from education records on behalf of the educational agency or institution in accordance with the requirements of §99.33(b); and
   (2) Be destroyed when no longer needed for the purposes listed in paragraph (a) of this section.

(c) Paragraph (b) of this section does not apply if:
   (1) The parent or eligible student has given written consent for the disclosure under §99.30; or
   (2) The collection of personally identifiable information is specifically authorized by Federal law.

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

RECORD OF ACCESS

Authorities: 34 CFR Parts 99 and 300; Texas Family Code