[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR99.32]

[Page 307-308]
 
                           TITLE 34--EDUCATION
 
PART 99--FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
Subpart D--May an Educational Agency or Institution Disclose Personally 
            Identifiable Information From Education Records?
 
Sec. 99.32  What recordkeeping requirements exist concerning requests and 
disclosures?

    (a)(1) An educational agency or institution shall maintain a record 
of each request for access to and each disclosure of personally 
identifiable information from the education records of each student.
    (2) The agency or institution shall maintain the record with the 
education records of the student as long as the records are maintained.
    (3) For each request or disclosure the record must include:
    (i) The parties who have requested or received personally 
identifiable information from the education records; and
    (ii) The legitimate interests the parties had in requesting or 
obtaining the information.

[[Page 308]]

    (b) If an educational agency or institution discloses personally 
identifiable information from an education record with the understanding 
authorized under Sec. 99.33(b), the record of the disclosure required 
under this section must include:
    (1) The names of the additional parties to which the receiving party 
may disclose the information on behalf of the educational agency or 
institution; and
    (2) The legitimate interests under Sec. 99.31 which each of the 
additional parties has in requesting or obtaining the information.
    (c) The following parties may inspect the record relating to each 
student:
    (1) The parent or eligible student.
    (2) The school official or his or her assistants who are responsible 
for the custody of the records.
    (3) Those parties authorized in Sec. 99.31(a) (1) and (3) for the 
purposes of auditing the recordkeeping procedures of the educational 
agency or institution.
    (d) Paragraph (a) of this section does not apply if the request was 
from, or the disclosure was to:
    (1) The parent or eligible student;
    (2) A school official under Sec. 99.31(a)(1);
    (3) A party with written consent from the parent or eligible 
student;
    (4) A party seeking directory information; or
    (5) 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.

(Approved by the Office of Management and Budget under control number 
1880-0508)

(Authority: 20 U.S.C. 1232g(b)(1) and (b)(4)(A))

[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996]