[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

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.