HomeMy WebLinkAboutSeminole County School Board-Interagency Information Sharing Agreement - 2011 02 15 INTERAGENCY INFORMATION SHARING AGREEMENT
This Agreement made and effective on the date signed by a majority of the
parties' signatures, by and between the School Board of Seminole County, Florida; the
Department of Juvenile Justice, District VII; Donald F. Eslinger, as Sheriff of Seminole
County, Florida; City of Lake Mary, Florida; City of Casselberry, Florida; City of
Longwood, Florida; City of Altamonte Springs, Florida; City of Winter Springs, Florida;
City of Sanford, Florida; City of Oviedo, Florida; Seminole County Guardian Ad Litem
Program; Office of the State Attomey, Eighteenth Judicial Circuit Courts of Florida o/b /o
the Juvenile Division; and the Public Defender for the Eighteenth Judicial Circuit of
Florida.
WITNESSETH
WHEREAS, all parties understand that the purpose of this Agreement is to
reduce juvenile crime by promoting cooperation and collaboration and the sharing of
appropriate information in a joint effort to improve school safety, to reduce truancy and
in- school and out -of- school suspensions and expulsions; and
WHEREAS, all parties are committed to providing appropriate programs and
services to prevent children from becoming at risk and to intervene with children already
involved in the juvenile justice system; and
WHEREAS, the parties to this Agreement desire a maximum degree of long
range cooperation in order to provide for the safety and security of the community and its
children; and
WHEREAS, all parties are committed to improving services to children in the
juvenile justice system through sharing information, eliminating duplication of services
and coordinating efforts; and
WHEREAS, it is the understanding by all parties that certain roles in serving
children and youth are required by law, and that these laws shall serve as the foundation
for defining the role and responsibility of each participating agency; and
WHEREAS, § 1002.221, Fla. Stat. (2010), 20 U.S.C. § 1232g, and the federal
regulations issued pursuant thereto found at 34 C.F.R. Part 99, provides that the School
Board may release students' education records without written consent of the student or
parent to the parties to this Agreement; and
WHEREAS, all parties mutually agree that all obligations stated or implied in
this Agreement shall be interpreted in light of, and consistent with, governing state and
federal laws;
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NOW THEREFORE, in consideration of the covenants and Agreement
hereinafter set forth, the parties do hereby agree as follows:
RECITALS: The foregoing recitals are true and correct and are incorporated
herein by reference as a material part of this Agreement.
II. EACH OF THE PARTIES AGREES THAT:
1. Pursuant to § 1002.221, Fla. Stat. (2010), 20 USC § 1232g, and 34 CFR.
99.31(a)(5Xi)(B)[See Attachment "A "), all information provided in furtherance
of, or pursuant to, this Agreement is intended solely for use in determining
appropriate programs and services for each student or the student's family, or for
coordinating the delivery of programs and services, and as such, all information
provided pursuant to this Agreement is inadmissible in any court proceeding
before a dispositional hearing unless written consent is provided by a parent or
other responsible adult on behalf of the student.
2. Pursuant to 20 U.S.0 1232g(a)(4)(A) and 34 C.F.R. § 99.3 [See Attachment
`B "], the term "education records" generally means those records that are directly
related to a student and maintained by an educational agency or institution or by a
party acting for the agency or institution. Pursuant to 20 USC § 1232g (a)(4)(B)
and 34 C.F.R § 99.3, there are certain categories of documents that are not
education records and, therefore, are not the subject of this Agreement.
3. Pursuant to 34 C.F.R. § 99.3 [See Attachment "B "], the term "personally
identifiable information," includes but is not limited to the student's name, the
name of the student's parent or other family members, the address of the student
or student's family, a personal identifier, such as the student's social security
number, student number, or biometric record, other indirect identifiers, such as
the student's date of birth, place of birth, and mother's maiden name. Moreover,
"personally identifiable information," includes other information that, alone or in
combination, is linked or linkable to a specific student that would allow a
reasonable person in the school community, who does not have personal
knowledge of the relevant circumstances, to identify the student with reasonable
certainty; or information requested by a person who the educational agency or
institution reasonably believes knows the identity of the student to whom the
education record relates.
4. Pursuant to § 1002.221, Fla. Stat. and 20 U.S.C. § 1232g(b)(4)(A), the School
Board shall maintain a record, kept with the education records of each student,
which will indicate individuals, agencies, or organizations which have requested
or obtained access to a student's education records, and which will indicate
specifically the legitimate interest that each such person, agency, or organization
has in obtaining the information. Thus, all parties to this Agreement agree that all
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information from the School Board provided in furtherance of, or pursuant to, this
Agreement will be released only after the individual, agency, or organization
specifically indicates the legitimate interest in the requested student's education
records.
5. Pursuant to 34 C.F.R. § 99.33(a)(1) [See Attachment "C "], all education records
or personally identifiable information obtained from education records that are
disclosed by the School Board pursuant to this Agreement are disclosed 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
relevant student. _
6. Pursuant to 34 C.F.R. § 99.33(a)(2) [See Attachment "C "], the officers,
employees, and agents of the Parties that receive education records or personally
identifiable information obtained from education records from the School Board
pursuant to this Agreement, agree that they may use the information, but only for
the purposes for which the disclosure was made.
7. Pursuant to 34 C.F.R. § 99.33, all parties agree that the School Board has
informed each party to this Agreement to whom disclosures will be made
pursuant to this Agreement of the requirements of law outlined in 34 C.F.R.
§99.33(a), and that a copy of said regulation is attached hereto as Attachment
"
8. Pursuant to 34 C.F.R. § 99.38 [See Attachment "D "J, the parties agree that the
officials and authorities to whom the records are disclosed by the execution of this
Agreement hereby certify 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 or, where applicable, the relevant student.
9. Pursuant to 20 USC § 1232g(5)(B) and 34 C.F.R. § 99.3, the term "directory
information" relating to a student may include 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 education al agency or institution attended by the
student. The School Board policy governing the release of "directory
information" is School Board Policy 5.71 and is published on the School Board's
website at www.scps.kl2.fl.us. This Agreement does not apply to the release of
directory information.
11. TERMS OF AGREEMENT
This Agreement shall be in effect as of the date the Agreement is signed by
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the majority of the parties and shall continue in effect through June 30, 2011,
unless otherwise modified. This Agreement shall automatically renew for
successive terms of twelve months from July 1 of each year. Any signatory to
this Agreement may opt out of this Agreement by giving thirty (30) days
notice in writing to all other signatories setting forth the reason for that
agency's intention at any time. Any recommendations for amendment shall
be submitted to all signatories for review, comment and approval. Upon
approval by a majority of signatories, any proposed amendment shall become
a provision of this Agreement. All parties are bound to this Agreement upon
signing.
IV. AGENCY REPRESENTATIVES:
(This section specifies, by position, persons who have primary responsibility for
implementing and monitoring the effectiveness of this Agreement)
DEPARTMENT OF JUVENILE JUSTICE SHERIFF OF SEMINOLE COUNTY,
DISTRICT VII, FLORIDA
, District Administrator Donald F. Eslinger, Sheriff
SCHOOL BOARD OF SEMINOLE COUNTY, CITY OF CASSELBERRY, FLORIDA
FLORIDA POLICE DEPARTMENT
Bob Devecchio, District Security Officer William F. McNeil, Chief
STATE ATTORNEY, CITY OF LONGWOOD, FLORIDA
SEMINOLE COUNTY, FLORIDA POLICE DEPARTMENT
Norman Wolfinger Troy Hickson, Chief
CITY OF ALTAMONTE SPRINGS, GUARDIAN AD LITEM PROGRAM,
FLORIDA, POLICE DEPARTMENT SEMINOLE COUNTY
Robert C. Merchant, Jr., Chief Nadine Miller, Program Director
CITY OF SANFORD, FLORIDA CITY OF WINTER SPRINGS
POLICE DEPARTMENT POLICE DEPARTMENT
Brian F. Tooley, Chief Kevin P. Brunelle, Chief
CITY OF LAKE MARY, FLORIDA CITY OF OVIEDO, FLORIDA
POLICE DEPARTMENT POLICE DEPARTMENT
Steve Bracknell, Chief Jeffrey A. Chudnow, Chief
EIGHTEENTH JUDICIAL CIRCUIT COURTS PUBLIC DEFENDER, EIGHTEENTH
SEMINOLE COUNTY, FLORIDA o /b/o JUDICIAL CIRCUIT OF FLORIDA
JUVENILE DIVISION James Russo
The above - referenced persons will develop procedures for ongoing
meetings and will, at least annually, review the agreement and, if necessary,
recommend any changes.
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IV. MODIFICATION OF AGREEMENT:
Modification of this Agreement may be made upon agreement of a majority of the
parties. Such shall be made with the same formalities as were followed with
regard to the approval and execution of this Agreement and shall include a written
document setting forth the modifications, signed by all parties.
V. INDEMNIFICATION
Each non - School Board party to this Agreement, for itself and its officers,
employees, agents, and representatives, shall fully indemnify and hold the School
• Board harmless for any violation of this Agreement, including but not limited to,
defending the School Board against any complaint, administrative or judicial
proceeding, payment of any penalty imposed upon the School Board, or payment
of any and all cost(s), damage(s), judgment(s), or loss(es) incurred by or imposed
upon the School Board, arising out of that party's breach of this Agreement.
VI. OTHER INTERAGENCY AGREEMENTS:
All parties to this Agreement acknowledge that this Agreement does not preclude
or preempt each of the agencies from individually entering into an agreement with
one or more parties to this agreement or other parties outside of this Agreement.
Such agreements shall not nullify the force and effect of this Agreement. This
Agreement does not remove any other obligations imposed by law to share
information with other agencies.
SIGNATURES OF PARTIES TO THIS AGREEMENT: Each of the parties has the
power, authority and legal right to enter into and perform the obligations set forth in this
Agreement, and the execution, delivery and performance hereof has been legally
authorized by the applicable agency.
DEPARTMENT OF JUVENILE JUSTICE GUARDIAN AD LITEM PROGRAM, SEMINOLE
COUNTY
By: By:
Printed Name: Printed Name:
Title: Title:
Dated: Dated:
SCHOOL SE NOLE EIGHTEETH JUDICIAL CIRCUIT COURTS
COUNTY, SEMINOLE COUNTY, FLORIDA
•
By: By:
Printed Name: Dede Sc affner Printed Name:
Title: Sehof Beard airman Title:
Dated: / — Dated:
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CITY OF LAKE MARY, FLORIDA SHERIFF OF SEMINOLE COUNTY, FLORIDA
By: B
Printed Name: Printed Name:
Title Title•.
Dated: Dated:
CITY OF OVIEDO, FLORIDA CITY OF CASSELBERRY, FLORIDA
By: B
Printed Name: Printed Name:
Title: Title:
Dated: Dated:
CITY OF LONGWOOD, FLORIDA CITY OF ALTAMONTE SPRINGS, FLORIDA
By: By: -
Printed Name: Printed Name:
Title: Tide:
Dated: Dated:
CITY 0 • N ' R RI ' ORIDA CITY OF SANFORD, FLORIDA
By: By:
Print . tin : Tal Printed Name:
Titi . f' 1 Ilti f ! '.! Title:
Dated: 11C11111FraM Dated:
STATE ATTORNEY, EIGHTEENTH JUDICIAL PUBLIC DEFENDER, EIGHTEENTH JUDICIAL
CIRCUIT OF FLORIDA CIRCUIT OF FLORIDA
By: By:
Printed Name: Printed Name:
Title: Tide:
Dated: Dated:
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EXHIBIT `A'
§ 99.31 Under what conditions is prior consent not required to disclose information?
(a) An educational agency or institution may disclose personally identifiable information from an education
record of a student without the consent required by § 99.30 if the disclosure meets one or more of the
following conditions:
(1)(i)(A) The disclosure is to other school officials, including teachers, within the agency or institution
whom the agency or institution has determined to have legitimate educational interests.
(B) A contractor, consultant, volunteer, or other party to whom an agency or institution has
outsourced institutional services or functions may be considered a school official under this
paragraph provided that the outside party- -
(1) Performs an institutional service or function for which the agency or institution would
otherwise use employees;
(2) Is under the direct control of the agency or institution with respect to the use and
maintenance of education records; and
(3) is subject to the requirements of § 99.33(a) governing the use and redisclosure of
personally identifiable information from education records.
(ii) An educational agency or institution must use reasonable methods to ensure that school officials
obtain access to only those education records in which they have legitimate educational interests. An
educational agency or institution that does not use physical or technological access controls must
ensure that its administrative policy for controlling access to education records is effective and that it
remains in compliance with the legitimate educational interest requirement in paragraph (a)( I )(i)(A) of
this section.
(2) The disclosure is, subject to the requirements of § 99.34, to officials of another school, school
system, or institution of postsecondary education where the student seeks or intends to enroll, or where
the student is already enrolled so long as the disclosure is for purposes related to the student's
enrollment or transfer.
Note: Section 4155(b) of the No Child Left Behind Act of 2001, 20 U.S.C. 7165(b), requires each State
to assure the Secretary of Education that it has a procedure in place to facilitate the transfer of disciplinary
records with respect to a suspension or expulsion of a student by a local educational agency to any private
or public elementary or secondary school in which the student is subsequently enrolled or seeks, intends, or
is instructed to enroll.
(3) The disclosure is, subject to the requirements of § 99.35, to authorized representatives of --
(i) The Comptroller General of the United States;
(ii) The Attorney General of the United States;
(iii) The Secretary; or
(iv) State and local educational authorities.
(4)(i) The disclosure is in connection with financial aid for which the student has applied or which the
student has received, if the information is necessary for such purposes as to:
(A) Determine eligibility for the aid;
(B) Determine the amount of the aid;
(C) Determine the conditions for the aid; or
(D) Enforce the terms and conditions of the aid.
(ii) As used in paragraph (a)(4)(i) of this section, financial aid means a payment of funds provided to
an individual (or a payment in kind of tangible or intangible property to the individual) that is
conditioned on the individual's attendance at an educational agency or institution.
(Authority: 20 U.S.C. 1232g(b)(I)(D))
(5)(i) The disclosure is to State and local officials or authorities to whom this information is
specifically- -
(A) Allowed to be reported or disclosed pursuant to State statute adopted before November 19,
1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's
ability to effectively serve the student whose records are released; or
(B) Allowed to be reported or disclosed pursuant to State statute adopted after November 19,
1974, subject to the requirements of § 99.38.
(ii) Paragraph (a)(5)(i) of this section does not prevent a State from further limiting the number or type
of State or local officials to whom disclosures may be made under that paragraph.
(6)(i) The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or
institutions to:
(A) Develop, validate, or administer predictive tests;
(B) Administer student aid programs; or
(C) Improve instruction.
(ii) An educational agency or institution may disclose information under paragraph (a)(6)(i) of this
section only if --
(A) The study is conducted in a manner that does not permit personal identification of parents and
students by individuals other than representatives of the organization that have legitimate interests
in the information;
(B) The information is destroyed when no longer needed for the purposes for which the study was
conducted; and
(C) The educational agency or institution enters into a written agreement with the organization
that --
(1) Specifies the purpose, scope, and duration of the study or studies and the information to be
disclosed;
(2) Requires the organization to use personally identifiable information from education
records only to meet the purpose or purposes of the study as stated in the written agreement;
(3) Requires the organization to conduct the study in a manner that does not permit personal
identification of parents and students, as defined in this part, by anyone other than
representatives of the organization with legitimate interests;
and
(4) Requires the organization to destroy or return to the educational agency or institution all
personally identifiable information when the information is no longer needed for the purposes
for which the study was conducted and specifies the time period in which the information
must be returned or destroyed.
(iii) An educational agency or institution is not required to initiate a study or agree with or endorse the
conclusions or results of the study.
(iv) If this Office determines that a third party outside the educational agency or institution to whom
information is disclosed under this paragraph (a)(6) violates paragraph (a)(6)(ii)(B) 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.
(v) For the purposes of paragraph (a)(6) of this section, the term organization includes, but is not
limited to, Federal, State, and local agencies, and independent organizations.
(7) The disclosure is to accrediting organizations to carry out their accrediting functions.
(8) The disclosure is to parents, as defined in § 99.3, of a dependent student, as defined in section 152
of the Internal Revenue Code of 1986.
(9)(i) The disclosure is to comply with a judicial order or lawfully issued subpoena.
(ii) The educational agency or institution may disclose information under paragraph (a)(9)(i) of this
section only if the agency or institution makes a reasonable effort to notify the parent or eligible
student of the order or subpoena in advance of compliance, so that the parent or eligible student may
seek protective action, unless the disclosure is in compliance with- -
(A) A Federal grand jury subpoena and the court has ordered that the existence or the contents of
the subpoena or the information furnished in response to the subpoena not be disclosed;
(B) Any other subpoena issued for a law enforcement purpose and the 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; or
(C) An ex pane 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. 2332b(g)(5)(B) or an act of domestic or international terrorism as defined in 18
U.S.C. 2331.
(iii)(A) If an educational agency or institution initiates legal action against a parent or student, the
educational agency or institution may disclose to the court, without a court order or subpoena, the
education records of the student that are relevant for the educational agency or institution to proceed
with the legal action as plaintiff.
(B) If a parent or eligible student initiates legal action against an educational agency or institution,
the educational agency or institution may disclose to the court, without a court order or subpoena,
the student's education records that are relevant for the educational agency or institution to defend
itself.
(10) The disclosure is in connection with a health or safety emergency, under the conditions described
in § 99.36.
(11) The disclosure is information the educational agency or institution has designated as "directory
information ", under the conditions described in § 99.37.
(12) The disclosure is to the parent of a student who is not an eligible student or to the student.
(13) The disclosure, subject to the requirements in § 99.39, is to a victim of an alleged perpetrator of a
crime of violence or a non - forcible sex offense. The disclosure may only include the final results of the
disciplinary proceeding conducted by the institution of postsecondary education with respect to that
alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding,
regardless of whether the institution concluded a violation was committed.
(14Xi) The disclosure, subject to the requirements in § 99.39, is in connection with a disciplinary
proceeding at an institution of postsecondary education. 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
(B) With respect to the allegation made against him or her, the student has committed a violation
of the institution's rules or policies.
(ii) The institution may not disclose the name of any other student, including a victim or witness,
without the prior written consent of the other student.
(iii) This section applies only to disciplinary proceedings in which the final results were reached on or
after October 7, 1998.
(15)(i) The disclosure is to a parent of a student at an institution of postsecondary education regarding
the student's violation of any Federal, State, or local law, or of any rule or policy of the institution,
governing the use or possession of alcohol or a controlled substance if --
(A) The institution determines that the student has committed a disciplinary violation with respect
to that use or possession; and
(B) The student is under the age of 21 at the time of the disclosure to the parent.
(ii) Paragraph (a)(15) of this section does not supersede any provision of State law that prohibits an
institution of postsecondary education from disclosing information.
(16) The disclosure concerns sex offenders and other individuals required to register under section
170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the
information was provided to the educational agency or institution under 42 U.S.C. 14071 and
applicable Federal guidelines.
(b)( I) De- identified records and information. An educational agency or institution, or a party that has
received education records or information from education records under this part, may release the records
or information without the consent required by § 99.30 after the removal of all personally identifiable
information provided that the educational agency or institution or other party has made a reasonable
determination that a student's identity is not personally identifiable, whether through single or multiple
releases, and taking into account other reasonably available information.
(2) An educational agency or institution, or a party that has received education records or information
from education records under this part, may release de- identified student level data from education
records for the purpose of education research by attaching a code to each record that may allow the
recipient to match information received from the same source, provided that- -
(i) An educational agency or institution or other party that releases de- identified data under paragraph
(b)(2) of this section does not disclose any information about how it generates and assigns a record
code, or that would allow a recipient to identify a student based on a record code;
(ii) The record code is used for no purpose other than identifying a de- identified record for purposes of
education research and cannot be used to ascertain personally identifiable information about a student;
and
(iii) The record code is not based on a student's social security number or other personal information.
(c) An educational agency or institution must use reasonable methods to identify and authenticate the
identity of parents, students, school officials, and any other parties to whom the agency or institution
discloses personally identifiable information from education records.
(d) Paragraphs (a) and (b) of this section do not require an educational agency or institution or any other
party to disclose education records or information from education records to any party except for parties
under paragraph (a)(12) of this section.
(Authority: 20 U.S.C. 1232g(a)(5)(A), (b), (h), (i), and (j)).
EXHIBIT "B"
$ 99.3 What definitions apply to these regulations?
The following definitions apply to this part:
Act means the Family Educational Rights and Privacy Act of 1974, as amended, enacted as section 444 of
the General Education Provisions Act.
(Authority: 20 U.S.C. 1232g)
Attendance includes, but is not limited to--
(a) Attendance in person or by paper correspondence, videoconference , satellite, Internet, or other
electronic information and telecommunications technologies for students who are not physically present in
the classroom; and
(b) The period during which a person is working under a work -study program.
(Authority: 20 U.S.C. 1232g)
Biometric record, as used in the definition of personally identifiable information, means a record of one or
more measurable biological or behavioral characteristics that can be used for automated recognition of an
individual. Examples include fingerprints; retina and iris patterns; voiceprints; DNA sequence; facial
characteristics; and handwriting.
(Authority: 20 U.S.C. 1232g)
Dates of attendance.
(a) The term means the period of time during which a student attends or attended an educational agency or
institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter.
(b) The term does not include specific daily records of a student's attendance at an educational agency or
institution.
(Authority: 20 U.S.C. 1232g(a)(5)(A))
Directory information means information contained in an education record of a student that would not
generally be considered harmful or an invasion of privacy if disclosed.
(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.
(b) Directory information does not include a student's- -
(1) Social security number, or
(2) Student identification (ID) number, except as provided in paragraph (c) of this section.
(c) Directory information includes a student ID number, user ID, or other unique personal identifier used by
the student for purposes of accessing or communicating in electronic systems, but only if the identifier
cannot be used to gain access to education records except when used in conjunction with one or more
factors that authenticate the user's identity, such as a personal identification number (PIN), password, or
other factor known or possessed only by the authorized user.
(Authority: 20 U.S.C. 1232g(a)(5)(A))
Disciplinary action or proceeding means the investigation, adjudication, or imposition of sanctions by an
educational agency or institution with respect to an infraction or violation of the internal rules of conduct
applicable to students of the agency or institution.
Disclosure means to permit access to or the release, transfer, or other communication of personally
identifiable information contained in education records by any means, including oral, written, or electronic
means, to any party except the party identified as the party that provided or created the record.
(Authority: 20 U.S.C. 1232g(b)(1) and (bX2))
Educational agency or institution means any public or private agency or institution to which this part
applies under § 99.1(a).
(Authority: 20 U.S.C. 1232g(a)(3))
Education records.
(a) The term means those records that are:
(1) Directly related to a student; and
(2) Maintained by an educational agency or institution or by a party acting for the agency or institution.
(b) The term does not include:
(1) Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and
are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
(2) Records of the law enforcement unit of an educational agency or institution, subject to the provisions of
§ 99.8.
(3)(i) Records relating to an individual who is employed by an educational agency or institution, that:
(A) Are made and maintained in the normal course of business;
(B) Relate exclusively to the individual in that individual's capacity as an employee; and
(C) Are not available for use for any other purpose.
(ii) Records relating to an individual in attendance at the agency or institution who is employed as a result
of his or her status as a student are education records and not excepted under paragraph (b)(3)(i) of this
definition.
(4) Records on a student who is 18 years of age or older, or is attending an institution of postsecondary
education, that are:
(i) Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
(ii) Made, maintained, or used only in connection with treatment of the student; and
(iii) Disclosed only to individuals providing the treatment. For the purpose of this definition, "treatment"
does not include remedial educational activities or activities that are part of the program of instruction at
the agency or institution; and
(5) Records created or received by an educational agency or institution after an individual is no longer a
student in attendance and that are not directly related to the individual's attendance as a student.
(6) Grades on peer - graded papers before they are collected and recorded by a teacher.
(Authority: 20 U.S.C. 1232g(a)(4))
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. 1232g(d))
Institution of postsecondary education means an institution that provides education to students beyond the
secondary school level; "secondary school level" means the educational level (not beyond grade 12) at
which secondary education is provided as determined under State law.
(Authority: 20 U.S.C. 1232g(d))
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.
(Authority: 20 U.S.C. 1232g)
Party means an individual, agency, institution, or organization.
(Authority: 20 U.S.C. 1232g(b)(4)(A))
Personally Identifiable Information
The term includes, but is not limited to --
(a) The student's name;
(b) The name of the student's parent or other family members;
(c) The address of the student or student's family;
(d) A personal identifier, such as the student's social security number, student number, or biometric record;
(e) Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name;
(f) Other information that, alone or in combination, is linked or linkable to a specific student that would
allow a reasonable person in the school community, who does not have personal knowledge of the relevant
circumstances, to identify the student with reasonable certainty; or
(g) Information requested by a person who the educational agency or institution reasonably believes knows
the identity of the student to whom the education record relates.
(Authority. 20 U.S.C. 1232g)
Record means any information recorded in any way, including, but not limited to; handwriting, print,
computer media, video or audio tape, film, microfilm, and microfiche.
(Authority: 20 U.S.C. 1232g)
Secretary means the Secretary of the U.S. Department of Education or an official or employee of the
Department of Education acting for the Secretary under a delegation of authority.
(Authority: 20 U.S.C. 1232g)
Student, except as otherwise specifically provided in this part, means any individual who is or has been in
attendance at an educational agency or institution and regarding whom the agency or institution maintains
education records.
(Authority: 20 U.S.C. 1232g(a)(6))
EXHIBIT "C"
§ 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)(1) 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 --
(i) The disclosures meet the requirements of § 99.31; and
(ii)(A) The educational agency or institution has complied with the requirements of § 99.32(b); or
(B) A State or local educational authority or Federal official or agency listed in § 99.31(a)(3) has
complied with the requirements of § 99.32(bX2).
(2) A party that receives a court order or lawfully issued subpoena and rediscloses personally
identifiable information from education records on behalf of an educational agency or institution in
response to that order or subpoena under § 99.31(a)(9) must provide the notification required under §
99.31(a)(9)(ii).
(c) Paragraph (a) of this section does not apply to disclosures under §§ 99.31(ax8), (9), (11), (12), (14),
(15), and (16), and to information that postsecondary institutions are required to disclose under the Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. 1092(f) (Clery
Act), to the accuser and accused regarding the outcome of any campus disciplinary proceeding brought
alleging a sexual offense.
(d) An educational agency or institution must inform a party to whom disclosure is made of the
requirements of paragraph (a) of this section except for disclosures made under §§ 99.31(ax8), (9), (11),
(12), (14), (15), and (16), and to information that postsecondary institutions are required to disclose under
the Clery Act to the accuser and accused regarding the outcome of any campus disciplinary proceeding
brought alleging a sexual offense.
(e) If this Office determines that a third party outside the educational agency or institution improperly
rediscloses personally identifiable information from education records in violation of this section, or fails to
provide the notification required under paragraph (b)(2) 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))
EXHIBIT "D"
§ 99.38 What conditions apply to disclosure of information as permitted by State statute adopted
after November 19, 1974 concerning the juvenile justice system?
(a) If reporting or disclosure allowed by State statute concems the juvenile justice system and the system's
ability to effectively serve, prior to adjudication, the student whose records are released, an educational
agency or institution may disclose education records under § 99.31(a)(5)(i)(B).
(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.
(Authority: 20 U.S.C. 1232g(bxl)(J))