[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: 34CFR99.33]



[Page 326-327]

 

                           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. 99.33  What limitations apply to the redisclosure of information?



    (a)(1) An educational agency or institution may disclose personally 

identifiable information from an education record only on the condition 

that the party to whom the information is disclosed will not disclose 

the information to any other party without the prior consent of the 

parent or eligible student.

    (2) The officers, employees, and agents of a party that receives 

information under paragraph (a)(1) of this section may use the 

information, but only for the purposes for which the disclosure was 

made.

    (b) Paragraph (a) of this section does not prevent an educational 

agency or institution from disclosing personally identifiable 

information with the understanding that the party receiving the 

information may make further disclosures of the information on behalf of 

the educational agency or institution if:

    (1) The disclosures meet the requirements of Sec. 99.31; and

    (2) The educational agency or institution has complied with the 

requirements of Sec. 99.32(b).

    (c) Paragraph (a) of this section does not apply to disclosures made 

to parents of dependent students under



[[Page 327]]



Sec. 99.31(a)(8), to disclosures made pursuant to court orders, 

lawfully issued subpoenas, or litigation under Sec. 99.31(a)(9), to 

disclosures of directory information under Sec. 99.31(a)(11), to 

disclosures made to a parent or student under Sec. 99.31(a)(12), to 

disclosures made in connection with a disciplinary proceeding under 

Sec. 99.31(a)(14), or to disclosures made to parents under Sec. 

99.31(a)(15).

    (d) Except for disclosures under Sec. 99.31(a) (9), (11), and (12), 

an educational agency or institution shall inform a party to whom 

disclosure is made of the requirements of this section.

    (e) If this Office determines that a third party improperly 

rediscloses personally identifiable information from education records 

in violation of Sec. 99.33(a) of this section, the educational agency 

or institution may not allow that third party access to personally 

identifiable information from education records for at least five years.



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



[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59297, Nov. 21, 1996; 

65 FR 41853, July 6, 2000]