(b) The educational agency or institution shall give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing. See the list below of the disclosures that the University may make without consent. (a) If the education records of a student contain information on more than one student, the parent or eligible student may inspect and review or be informed of only the specific information about that student. 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. If the educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. (b) An educational agency or institution may provide this notice by any means that are reasonably likely to inform the parents or eligible students of their rights. §99.11 May an educational agency or institution charge a fee for copies of education records? §99.3 What definitions apply to these regulations? 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. 14071 and applicable Federal guidelines. (a) An educational agency or institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. (ii) The legitimate interests under §99.31 which each of the additional parties has in requesting or obtaining the information. (1) Withhold further payments under any applicable program; (2) Issue a complaint to compel compliance through a cease and desist order; or. They are presented here for your convenience. (2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of §99.8. (B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19, 1974, subject to the requirements of §99.38. The institution must not disclose the final results of the disciplinary proceeding unless it determines that—, (A) The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and. 1232g (b)(1) and (b)(2)(A)), [53 FR 11943, Apr. George Mason University may disclose education records without consent in the circumstances described in 34 C.F.R. (a) The Office reviews a complaint, if any, information submitted by the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or third party outside of an educational agency or institution, and any other relevant information. 11, 1988; 53 FR 19368, May 27, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 61 FR 59296, Nov. 21, 1996; 65 FR 41853, July 6, 2000; 73 FR 74852, Dec. 9, 2008; 74 FR 401, Jan. 6, 2009; 76 FR 75641, Dec. 2, 2011]. (3) Disclosing appropriate information maintained under paragraph (b)(1) of this section to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student. FERPA gives parents access to their child's education records, an opportunity to seek to have the records amended, and some control over the disclosure of information from the records. §99.6 [Reserved] (a) A Head Start program or an Early Head Start program carried out under the Head Start Act (42 U.S.C. 1232g(b)(6) and 18 U.S.C. (e) The educational agency or institution shall make its decision in writing within a reasonable period of time after the hearing. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney. The term includes, but is not limited to—. Education records. Note: Forcible Fondling includes “Indecent Liberties” and “Child Molesting.”. [53 FR 11943, Apr. (a) Directory information 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; grade level; enrollment status (e.g., undergraduate or graduate, full-time or part-time); dates of attendance; 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. (2) Provides a reasonable period of time, given all of the circumstances of the case, during which the third party may comply voluntarily. §99.64 What is the investigation procedure? (Authority: 20 U.S.C. To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words or other conduct, or both, but without displaying a weapon or subjecting the victim to actual physical attack. §99.35 What conditions apply to disclosure of information for Federal or State program purposes? (C) An ex parte court order obtained by the United States Attorney General (or designee not lower than an Assistant Attorney General) concerning investigations or prosecutions of an offense listed in 18 U.S.C. (i) For the purposes of subpart B of this part, an SEA and its components constitute an educational agency or institution. (a) Unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, an educational agency or institution may charge a fee for a copy of an education record which is made for the parent or eligible student. (C) A description of the activity with sufficient specificity to make clear that the work falls within the exception of §99.31(a)(3), including a description of how the personally identifiable information from education records will be used; (iii) Require the authorized representative to destroy personally identifiable information from education records when the information is no longer needed for the purpose specified; (iv) Specify the time period in which the information must be destroyed; and. Final results means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. (3) Confidential letters and confidential statements of recommendation placed in the student's education records after January 1, 1975, if: (i) The student has waived his or her right to inspect and review those letters and statements; and. Q: What is a student record under FERPA? (e) If the Office finds that a third party, outside the educational agency or institution, improperly rediscloses personally identifiable information from education records in violation of §99.33 or fails to provide the notification required under §99.33(b)(2), then the educational agency or institution from which the personally identifiable information originated may not allow the third party found to be responsible for the violation access to personally identifiable information from education records for at least five years. The killing of another person through gross negligence. (5) An educational agency or institution must record the following information when it discloses personally identifiable information from education records under the health or safety emergency exception in §99.31(a)(10) and §99.36: (i) The articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure; and. (a) The term means those records that are: (2) Maintained by an educational agency or institution or by a party acting for the agency or institution. (b) The officials and authorities to whom the records are disclosed shall certify in writing to the educational agency or institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student. § 1232g; 34 CFR Part 99) and is a federal law that protects the privacy of students' educational records. (2) A component of an educational agency or institution does not lose its status as a law enforcement unit if it also performs other, non-law enforcement functions for the agency or institution, including investigation of incidents or conduct that constitutes or leads to a disciplinary action or proceedings against the student. "Education records" include records, files, documents, and other materials that contain information directly related to a student and are maintained by the University. (1) An educational agency or institution shall effectively notify parents or eligible students who are disabled. (2) Any State educational agency (SEA) and its components. 11, 1988, as amended at 58 FR 3189, Jan. 7, 1993; 69 FR 21671, Apr. Notes are a student record and not considered public information. FERPA Definitions Consent to Disclosure Permission granted by a student via the Student Link (Personal tab, Consent-to-Disclosure option) to the University to communicate with parents/guardians/others in certain limited circumstances, including the following: 1232g(a)(1) (A) and (B)), [53 FR 11943, Apr. 1092(f) (Clery Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought alleging a sexual offense. ), including a migrant or seasonal Head Start program, an Indian Head Start program, or a Head Start program or an Early Head Start program that also receives State funding; (b) A State licensed or regulated child care program; or, (1) Serves children from birth through age six that addresses the children's cognitive (including language, early literacy, and early mathematics), social, emotional, and physical development; and, (ii) A program authorized under section 619 or part C of the Individuals with Disabilities Education Act; or. 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