[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: 34CFR99.3]



[Page 317-319]

 

                           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)





[[Page 318]]





    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, 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))





[[Page 319]]





    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

    (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]