[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.3]

[Page 289-291]
 
                           TITLE 34--EDUCATION
 
PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
                            Subpart A_General
 
Sec. 99.3  What definitions apply to these regulations?

    The following definitions apply to this part:
    Act means the Family Educational Rights and Privacy Act of 1974, as 
amended, enacted as section 444 of the General Education Provisions Act.

(Authority: 20 U.S.C. 1232g)
    Attendance includes, but is not limited to:
    (a) Attendance in person or by correspondence; and
    (b) The period during which a person is working under a work-study 
program.

(Authority: 20 U.S.C. 1232g)

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

(Authority: 20 U.S.C. 1232g(a)(5)(A))

    Directory information means information contained in an education 
record of a student that would not generally be considered harmful or an 
invasion of privacy if disclosed. It includes, but is not limited to, 
the student's name, address, telephone listing, electronic mail address, 
photograph, date and place of birth, major field of study, dates of 
attendance, grade level, enrollment status (e.g., undergraduate or 
graduate; full-time or part-time), participation in officially 
recognized activities and sports, weight and height of members of 
athletic teams, degrees, honors and awards received, and the most recent 
educational agency or institution attended.

(Authority: 20 U.S.C. 1232g(a)(5)(A))

    Disciplinary action or proceeding means the investigation, 
adjudication,

[[Page 290]]

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

(Authority: 20 U.S.C. 1232g(b)(1))

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

(Authority: 20 U.S.C. 1232g(a)(3))

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

(Authority: 20 U.S.C. 1232g(a)(4))

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

(Authority: 20 U.S.C. 1232g(d))
    Institution of postsecondary education means an institution that 
provides education to students beyond the secondary school level; 
``secondary school level'' means the educational level (not beyond grade 
12) at which secondary education is provided as determined under State 
law.

(Authority: 20 U.S.C. 1232g(d))

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

(Authority: 20 U.S.C. 1232g)

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

(Authority: 20 U.S.C. 1232g(b)(4)(A))

    Personally identifiable information includes, but is not limited to:
    (a) The student's name;
    (b) The name of the student's parent or other family member;
    (c) The address of the student or student's family;
    (d) A personal identifier, such as the student's social security 
number or student number;
    (e) A list of personal characteristics that would make the student's 
identity easily traceable; or

[[Page 291]]

    (f) Other information that would make the student's identity easily 
traceable.

(Authority: 20 U.S.C. 1232g)

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

(Authority: 20 U.S.C. 1232g)

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

(Authority: 20 U.S.C. 1232g)

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

(Authority: 20 U.S.C. 1232g(a)(6))

[53 FR 11943, Apr. 11, 1988, as amended at 60 FR 3468, Jan. 17, 1995; 61 
FR 59295, Nov. 21, 1996; 65 FR 41852, July 6, 2000]