[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR99.1]



[Page 316-317]

 

                           TITLE 34--EDUCATION

 

PART 99_FAMILY EDUCATIONAL RIGHTS AND PRIVACY--Table of Contents

 

                            Subpart A_General

 

Sec.  99.1  To which educational agencies or institutions do these 

regulations apply?









                            Subpart A_General



Sec.

99.1 To which educational agencies or institutions do these regulations 

          apply?

99.2 What is the purpose of these regulations?

99.3 What definitions apply to these regulations?

99.4 What are the rights of parents?

99.5 What are the rights of students?

99.6 [Reserved]

99.7 What must an educational agency or institution include in its 

          annual notification?

99.8 What provisions apply to records of a law enforcement unit?



  Subpart B_What Are the Rights of Inspection and Review of Education 

                                Records?



99.10 What rights exist for a parent or eligible student to inspect and 

          review education records?

99.11 May an educational agency or institution charge a fee for copies 

          of education records?

99.12 What limitations exist on the right to inspect and review records?



    Subpart C_What Are the Procedures for Amending Education Records?



99.20 How can a parent or eligible student request amendment of the 

          student's education records?

99.21 Under what conditions does a parent or eligible student have the 

          right to a hearing?

99.22 What minimum requirements exist for the conduct of a hearing?



 Subpart D_May an Educational Agency or Institution Disclose Personally 

            Identifiable Information From Education Records?



99.30 Under what conditions is prior consent required to disclose 

          information?

99.31 Under what conditions is prior consent not required to disclose 

          information?

99.32 What recordkeeping requirements exist concerning requests and 

          disclosures?

99.33 What limitations apply to the redisclosure of information?

99.34 What conditions apply to disclosure of information to other 

          educational agencies or institutions?

99.35 What conditions apply to disclosure of information for Federal or 

          State program purposes?

99.36 What conditions apply to disclosure of information in health and 

          safety emergencies?

99.37 What conditions apply to disclosing directory information?

99.38 What conditions apply to disclosure of information as permitted by 

          State statute adopted after November 19, 1974, concerning the 

          juvenile justice system?

99.39 What definitions apply to the nonconsensual disclosure of records 

          by postsecondary educational institutions in connection with 

          disciplinary proceedings concerning crimes of violence or non-

          forcible sex offenses?



[[Page 317]]



             Subpart E_What Are the Enforcement Procedures?



99.60 What functions has the Secretary delegated to the Office and to 

          the Office of Administrative Law Judges?

99.61 What responsibility does an educational agency or institution have 

          concerning conflict with State or local laws?

99.62 What information must an educational agency or institution submit 

          to the Office?

99.63 Where are complaints filed?

99.64 What is the complaint procedure?

99.65 What is the content of the notice of complaint issued by the 

          Office?

99.66 What are the responsibilities of the Office in the enforcement 

          process?

99.67 How does the Secretary enforce decisions?



Appendix A to Part 99--Crimes of Violence Definitions



    Authority: 20 U.S.C. 1232g, unless otherwise noted.



    Source: 53 FR 11943, Apr. 11, 1988, unless otherwise noted.







    (a) Except as otherwise noted in Sec.  99.10, this part applies to 

an educational agency or institution to which funds have been made 

available under any program administered by the Secretary, if--

    (1) The educational institution provides educational services or 

instruction, or both, to students; or

    (2) The educational agency is authorized to direct and control 

public elementary or secondary, or postsecondary educational 

institutions.

    (b) This part does not apply to an educational agency or institution 

solely because students attending that agency or institution receive 

non-monetary benefits under a program referenced in paragraph (a) of 

this section, if no funds under that program are made available to the 

agency or institution.

    (c) The Secretary considers funds to be made available to an 

educational agency or institution of funds under one or more of the 

programs referenced in paragraph (a) of this section--

    (1) Are provided to the agency or institution by grant, cooperative 

agreement, contract, subgrant, or subcontract; or

    (2) Are provided to students attending the agency or institution and 

the funds may be paid to the agency or institution by those students for 

educational purposes, such as under the Pell Grant Program and the 

Guaranteed Student Loan Program (titles IV-A-1 and IV-B, respectively, 

of the Higher Education Act of 1965, as amended).

    (d) If an educational agency or institution receives funds under one 

or more of the programs covered by this section, the regulations in this 

part apply to the recipient as a whole, including each of its components 

(such as a department within a university).



(Authority: 20 U.S.C. 1232g)



[53 FR 11943, Apr. 11, 1988, as amended at 61 FR 59295, Nov. 21, 1996; 

65 FR 41852, July 6, 2000]