[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: 34CFR99.8]

[Page 320]
 
                           TITLE 34--EDUCATION
 
PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents
 
                            Subpart A_General
 
Sec. 99.8  What provisions apply to records of a law enforcement unit?

    (a)(1) Law enforcement unit means any individual, office, 
department, division, or other component of an educational agency or 
institution, such as a unit of commissioned police officers or non-
commissioned security guards, that is officially authorized or 
designated by that agency or institution to--
    (i) Enforce any local, State, or Federal law, or refer to 
appropriate authorities a matter for enforcement of any local, State, or 
Federal law against any individual or organization other than the agency 
or institution itself; or
    (ii) Maintain the physical security and safety of the agency or 
institution.
    (2) A component of an educational agency or institution does not 
lose its status as a law enforcement unit if it also performs other, 
non-law enforcement functions for the agency or institution, including 
investigation of incidents or conduct that constitutes or leads to a 
disciplinary action or proceedings against the student.
    (b)(1) Records of a law enforcement unit means those records, files, 
documents, and other materials that are--
    (i) Created by a law enforcement unit;
    (ii) Created for a law enforcement purpose; and
    (iii) Maintained by the law enforcement unit.
    (2) Records of a law enforcement unit does not mean--
    (i) Records created by a law enforcement unit for a law enforcement 
purpose that are maintained by a component of the educational agency or 
institution other than the law enforcement unit; or
    (ii) Records created and maintained by a law enforcement unit 
exclusively for a non-law enforcement purpose, such as a disciplinary 
action or proceeding conducted by the educational agency or institution.
    (c)(1) Nothing in the Act prohibits an educational agency or 
institution from contacting its law enforcement unit, orally or in 
writing, for the purpose of asking that unit to investigate a possible 
violation of, or to enforce, any local, State, or Federal law.
    (2) Education records, and personally identifiable information 
contained in education records, do not lose their status as education 
records and remain subject to the Act, including the disclosure 
provisions of Sec. 99.30, while in the possession of the law 
enforcement unit.
    (d) The Act neither requires nor prohibits the disclosure by an 
educational agency or institution of its law enforcement unit records.

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

[60 FR 3469, Jan. 17, 1995]