[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: 34CFR99.32]



[Page 326]

 

                           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.

    (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]