Family Educational Right to Privacy Act.
(Buckley Amendment)
as of 4/93 20 USC S. 1232g
S. 1232g. Family educational and privacy rights
(a) Conditions for availability of funds to educational agencies or
institutions; inspection and review of education records; specific information
to be made available; procedure for access to education records;
reasonableness of time for such access; hearings; written explanations by
parents; definitions.
(1) (A) No funds shall be made available under any applicable program to
any educational agency or institution which has a policy of denying, or which
effectively prevents, the parents of students who are or have been in
attendance at a school of such agency or at such institution, as the case may
be, the right to inspect and review the education records of their children.
If any material or document in the education record of a student includes
information on more than one student, the parents of one of such students
shall have the right to inspect and review only such part of such material or
document as relates to such student or to be informed of the specific
information contained in such part of such material. Each educational agency
or institution shall establish appropriate procedures for the granting of a
request by parents for access to the education records of their children
within a reasonable period of time, but in no case more than forty-five days
after the request has been made.
(B) The first sentence of subparagraph (A) shall not operate to make
available to students in institutions of postsecondary education the following
materials:
(i) financial records of the parents of the student or any information
contained therein;
(ii) confidential letters and statements of recommendation, which were
placed in the education records prior to January 1, 1975, if such letters or
statements are not used for purposes other than those for which they were
specifically intended;
(iii) if the student has signed a waiver of the student's right of access
under this subsection in accordance with subparagraph (C), confidential
recommendations--
(I) respecting admission to any educational agency or institution,
(II) respecting an application for employment, and
(III) respecting the receipt of an honor or honorary recognition.
(C) A student or a person applying for admission may waive his right of
access to confidential statements described in clause (iii) of subparagraph
(B), except that such waiver shall apply to recommendations only if (i) the
student is, upon request, notified of the names of all persons making
confidential recommendations and (ii) such recommendations are used solely for
the purpose for which they were specifically intended. Such waivers may not be
required as a condition for admission to, receipt of financial aid from, or
receipt of any other services or benefits from such agency or institution.
(2) No funds shall be made available under any applicable program to any
educational agency or institution unless the parents of students who are or
have been in attendance at a school of such agency or at such institution are
provided an opportunity for a hearing by such agency or institution, in
accordance with regulations of the Secretary, to challenge the content of such
student's education records, in order to insure that the records are not
inaccurate, misleading, or otherwise in violation of the privacy or other
rights of students, and to provide an opportunity for the correction or
deletion of any such inaccurate, misleading, or otherwise inappropriate data
contained therein and to insert into such records a written explanation of the
parents respecting the content of such records.
(3) For the purposes of this section the term "educational agency or
institution" means any public or private agency or institution which is
the recipient of funds under any applicable program.
(4) (A) For the purposes of this section, the term "education
records" means, except as may be provided otherwise in subparagraph (B),
those records, files, documents, and other materials which--
(i) contain information directly related to a student; and
(ii) are maintained by an educational agency or institution or by a person
acting for such agency or institution.
(B) The term "education records" does not include--
(i) records of instructional, supervisory, and administrative personnel and
educational personnel ancillary thereto which are in the sole possession of
the maker thereof and which are not accessible or revealed to any other person
except a substitute;
(ii) records maintained by a law enforcement unit of the educational agency
or institution that were created by that law enforcement unit for the purpose
of law enforcement.
(iii) in the case of persons who are employed by an educational agency or
institution but who are not in attendance at such agency or institution,
records made and maintained in the normal course of business which relate
exclusively to such person in that person's capacity as an employee and are
not available for use for any other purpose; or
(iv) records on a student who is eighteen years of age or older, or is
attending an institution of postsecondary education, which are made or
maintained by a physician, psychiatrist, psychologist, or other recognized
professional or paraprofessional acting in his professional or
paraprofessional capacity, or assisting in that capacity, and which are made,
maintained, or used only in connection with the provision of treatment to the
student, and are not available to anyone other than persons providing such
treatment, except that such records can be personally reviewed by a physician
or other appropriate professional of the student's choice.
(5) (A) For the purposes of this section the term "directory
information" relating to a student includes the following: the student's
name, address, telephone listing, date and place of birth, major field of
study, participation in officially recognized activities and sports, weight
and height of members of athletic teams, dates of attendance, degrees and
awards received, and the most recent previous educational agency or
institution attended by the student.
(B) Any educational agency or institution making public directory
information shall give public notice of the categories of information which it
has designated as such information with respect to each student attending the
institution or agency and shall allow a reasonable period of time after such
notice has been given for a parent to inform the institution or agency that
any or all of the information designated should not be released without the
parent's prior consent.
(6) For the purposes of this section, the term "student" includes
any person with respect to whom an educational agency or institution maintains
education records or personally identifiable information, but does not include
a person who has not been in attendance at such agency or institution.
(b) Release of education records; parental consent requirement; exceptions;
compliance with judicial orders and subpoenas; audit and evaluation of
Federally-supported education programs; recordkeeping.
(1) No funds shall be made available under any applicable program to any
educational agency or institution which has a policy or practice of permitting
the release of educational records (or personally identifiable information
contained therein other than directory information, as defined in paragraph
(5) of subsection (a)) of students without the written consent of their
parents to any individual, agency, or organization, other than to the
following--
(A) other school officials, including teachers within the educational
institution or local educational agency, who have been determined by such
agency or institution to have legitimate educational interests;
(B) officials of other schools or school systems in which the student seeks
or intends to enroll, upon condition that the student's parents be notified of
the transfer, receive a copy of the record if desired, and have an opportunity
for a hearing to challenge the content of the record;
(C) authorized representatives of (i) the Comptroller General of the United
States, (ii) the Secretary, (iii) an administrative head of an educational
agency (as defined in section 408(c) , or (iv) State educational authorities,
under the conditions set forth in paragraph (3) of this subsection;
(D) in connection with a student's application for, or receipt of,
financial aid;
(E) State and local officials or authorities to whom such information is
specifically required to be reported or disclosed pursuant to State statute
adopted prior to November 19, 1974;
(F) organizations conducting studies for, or on behalf of, educational
agencies or institutions for the purpose of developing, validating, or
administering predictive tests, administering student aid programs, and
improving instruction, if such studies are conducted in such a manner as will
not permit the personal identification of students and their parents by
persons other than representatives of such organizations and such information
will be destroyed when no longer needed for the purpose for which it is
conducted;
(G) accrediting organizations in order to carry out their accrediting
functions;
(H) parents of a dependent student of such parents, as defined in section
152 of the Internal Revenue Code of 1954; and
(I) subject to regulations of the Secretary, in connection with an
emergency, appropriate persons if the knowledge of such information is
necessary to protect the health or safety of the student or other persons.
Nothing in clause (E) of this paragraph shall prevent a State from further
limiting the number or type of State or local officials who will continue to
have access thereunder.
(2) No funds shall be made available under any applicable program to any
educational agency or institution which has a policy or practice of releasing,
or providing access to, any personally identifiable information in education
records other than directory information, or as is permitted under paragraph
(1) of this subsection unless--
(A) there is written consent from the student's parents specifying records
to be released, the reasons for such release, and to whom, and with a copy of
the records to be released to the student's parents and the student if desired
by the parents, or
(B) such information is furnished in compliance with judicial order, or
pursuant to any lawfully issued subpoena, upon condition that parents and the
students are notified of all such orders or subpoenas in advance of the
compliance therewith by the educational institution or agency.
(3) Nothing contained in this section shall preclude authorized
representatives of (A) the Comptroller General of the United States, (B) the
Secretary, (C) an administrative head of an education agency or (D) State
educational authorities from having access to student or other records which
may be necessary in connection with the audit and evaluation of
Federally-supported education program, or in connection with the enforcement
of the Federal legal requirements which relate to such programs: Provided,
That except when collection of personally identifiable information is
specifically authorized by Federal law, any data collected by such officials
shall be protected in a manner which will not permit the personal
identification of students and their parents by other than those officials,
and such personally identifiable data shall be destroyed when no longer needed
for such audit, evaluation, and enforcement of Federal legal requirements.
(4) (A) Each educational agency or institution shall maintain a record,
kept with the education records of each student, which will indicate all
individuals (other than those specified in paragraph (1)(A) of this
subsection), agencies, or organizations which have requested or obtained
access to a student's education records maintained by such educational agency
or institution, and which will indicate specifically the legitimate interest
that each such person, agency, or organization has in obtaining this
information. Such record of access shall be available only to parents, to the
school official and his assistants who are responsible for the custody of such
records, and to persons or organizations authorized in, and under the
conditions of, clauses (A) and (C) of paragraph (1) as a means of auditing the
operation of the system.
(B) With respect to this subsection, personal information shall only be
transferred to a third party on the condition that such party will not permit
any other party to have access to such information without the written consent
of the parents of the student.
(5) Nothing in this section shall be construed to prohibit State and local
educational officials from having access to student or other records which may
be necessary in connection with the audit and evaluation of any federally or
State supported education program or in connection with the enforcement of the
Federal legal requirements which relate to any such program, subject to the
conditions specified in the proviso in paragraph (3).
(6) Nothing in this section shall be construed to prohibit an institution
of postsecondary education from disclosing, to an alleged victim of any crime
of violence (as that term is defined in section 16 of title 18, United States
Code), the results of any disciplinary proceeding conducted by such
institution against the alleged perpetrator of such crime with respect to such
crime.
(c) Surveys or data-gathering activities; regulations. The Secretary shall
adopt appropriate regulations to protect the rights of privacy of students and
their families in connection with any surveys or data-gathering activities
conducted, assisted, or authorized by the Secretary or an administrative head
of an education agency. Regulations established under this subsection shall
include provisions controlling the use, dissemination, and protection of such
data. No survey or data-gathering activities shall be conducted by the
Secretary, or an administrative head of an education agency under an
applicable program, unless such activities are authorized by law.
(d) Students' rather than parents' permission or consent. For the purposes
of this section, whenever a student has attained eighteen years of age, or is
attending an institution of postsecondary education the permission or consent
required of and the rights accorded to the parents of the student shall
thereafter only be required of and accorded to the student.
(e) Informing parents or students of rights under this section. No funds
shall be made available under any applicable program to any educational agency
or institution unless such agency or institution informs the parents of
students, or the students, if they are eighteen years of age or older, or are
attending an institution of postsecondary education, of the rights accorded
them by this section.
(f) Enforcement; termination of assistance. The Secretary, or an
administrative head of an education agency, shall take appropriate actions to
enforce provisions of this section and to deal with violations of this
section, according to the provisions of this Act, except that action to
terminate assistance may be taken only if the Secretary finds there has been a
failure to comply with the provisions of this section, and he has determined
that compliance cannot be secured by voluntary means.
(g) Office and review board; creation; functions. The Secretary shall
establish or designate an office and review board within the Department of
Health, Education, and Welfare for the purpose of investigating, processing,
reviewing, and adjudicating violations of the provisions of this section and
complaints which may be filed concerning alleged violations of this section.
Except for the conduct of hearings, none of the functions of the Secretary
under this section shall be carried out in any of the regional offices of such
Department.
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