[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR5.74]

[Page 13]
 
                           TITLE 34--EDUCATION
 
PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO PUB. L. 90-23
--Table of Contents
 
               Subpart F_Availability of Specific Records
 
Sec. 5.74  Further disclosure.

    (a) The Secretary may in particular instances, except where 
prohibited by law, disclose documents or portions of documents described 
in Sec. 5.73 if he determines that disclosure is in the public interest 
and is consistent with obligations of confidentiality and administrative 
necessity.
    (b) In making such a determination, consideration may be given to 
the Department's responsibilities under law for dissemination to the 
public of information relating to education.
    (c) When such determination has been made, the particular document 
or portion of document to which it relates shall thereafter be available 
upon request for inspection and copying: Provided however, That use of 
nondiscloseable records or information from such records for authorized 
program purposes, including law enforcement purposes and litigation is 
not a disclosure within the meaning of this section.