Non-need scholarships, [62]; 86.37(b) Pooling of sex-restrictive, [46, 61, 62]; 86.37(b) Sex-restrictive assistance through foreign or domestic wills [46, 61, 62]; 86.37(b) Foreign Scholarships, see "Financial assistance" 86.37 and "Assistance to 'outside' discriminatory organizations", 86.31(c) Fraternities/Sororities Social, [53, 27, 28]; 86.14(a) Business/professional, [40, 53, 27, 28]; 86.31(b) (7) Honor societies, [40, 53]; 86.31(b) (7) Fringe benefits, [67, 88, 891; 86.56, 86.39 Part-time employees, [89] G Grievance Procedure, see "Designation of responsible employee”, 86.8(a) (b) H Health and Insurance Benefits and Services, [67, 88, 93]; 86.39, 86.56 Honor societies, [40, 531; 86.31(b) (7) Housing, 86.32 Generally, [42]; 86.32(b) Provided by recipient, 86.32(b) Other housing, [54]; 86.32(c) J Job Classification and Structure, 86.55 L LEA's, [44]; 86.35 M Marital and Parental Status Employment General, [85, 93, 94]; 86.57 Pregnancy, [85, 93, 94]; 86.57(b) Pregnancy as a temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) General, [49]; 86.40(a) (b) Pregnancy and related conditions, [50]; 86.40(b) (1) (2) (3) (4) (5) Class participation, [50]; 86.40(b) (1) Physician certification, [50]; 86.40(b) (2) Special classes, [50]; 86.40(b) (3) Temporary leave, [50]; 86.40(b) (4) (5) Membership Practices of Social fraternities and sororities, [27, 28, 53]; 86.14(a) Voluntary youth service organizations, [27, 28, 53]; 86.14(c) YMCA, YWCA and others, [27, 28, 53]; 86.14(b) Military and Merchant Marine Educational Institutions, [29]; 86.13 Pregnancy as temporary disability, [85, 93, 94]; 86.57(c) Pregnancy leave, [85, 93, 94]; 86.57(d) General, [49, 50]; 86.40(a) and (b) Pregnancy and related conditions; [50]; 86.40(b) (1) to (5) Class Participation, [50, 55, 581; 86.40(b) (1) Physical certification, [50]; 86.40(b) (2) Temporary leave, [50]; 86.40(b) (4), (5) Sec. 99.61 Conflict with State or local law. 99.62 Reports and records. 99.63 Complaint procedure. 99.64 Termination of funding. 99.65 Hearing procedures. 99.66 Hearing before Panel or a Hearing Officer. 99.67 Initial decision; final decision. AUTHORITY: Sec. 438, Pub. L. 90-247, Title IV, as amended, 88 Stat. 571-574 (20 U.S.C. 1232g). SOURCE: 41 FR 24670, June 17, 1976, unless otherwise noted. Subpart A-General § 99.1 Applicability of part. (a) This part applies to all educational agencies or institutions to which funds are made available under any Federal [program for which the U.S. Commissioner of Education has administrative responsibility, as specified by law or by delegation of authority pursuant to law.] (20 U.S.C. 1230, 1232g) (b) This part does not apply to an educational agency or institution solely because students attending that non-monetary agency or institution receive benefits under one or more of the Federal programs referenced in paragraph (a) of this section, if no funds under those programs are made available to the agency or institution itself. (c) For the purposes of this part, funds will be considered to have been made available to an agency or institution when 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, 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 Basic Educational Opportunity Grants Program and the Guaranteed Student Loan Program (Titles IV-A-1 and IVB, respectively, of the Higher Education Act of 1965, as amended). (20 U.S.C. 1232g) (d) Except as otherwise specifically provided, this part applies to educa tion records of students who are or have been in attendance at the educational agency or institution which maintains the records. (20 U.S.C. 1232g) § 99.2 Purpose. The purpose of this part is to set forth requirements governing the protection of privacy of parents and students under section 438 of the General Education Provisions Act, as amended. (20 U.S.C. 1232g) § 99.3 Definitions. As used in this Part: "Act" means the General Education Provisions Act, Title IV of Pub. L. 90247 as amended. "Attendance" at an agency or institution includes, but is not limited to: (a) attendance in person and by correspondence, and (b) the period during which a person is working under a work-study program. "Commissioner" means the U.S. Commissioner of Education. (20 U.S.C. 1232g) "Directory information" includes the following information relating to a student: the student's name, address, telephone number, 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, the most recent previous educational agency or institution attended by the student, and other similar information. (20 U.S.C. 1232g(a)(5)(A)) "Disclosure" means permitting access or the release, transfer, or other communication of education records of the student or the personally identifiable information contained therein, orally or in writing, or by electronic means, or by any other means to any party. (20 U.S.C. 1232g(b)(1)) "Educational institution" or "educational agency or institution" means any public or private agency or institution which is the recipient of funds under any Federal program referenced in § 99.1(a). The term refers to the agency or institution recipient as a whole, including all of its components (such as schools or departments in a university) and shall not be read to refer to one or more of these components separate from that agency or institution. (20 U.S.C. 1232g(a)(3)) "Education records" (a) means those records which: (1) Are directly related to a student, and (2) are 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 of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which: (i) Are in the sole possession of the maker thereof, and (ii) Are not accessible or revealed to any other individual except a substitute. For the purpose of this definition, a "substitute” means an individual who performs on a temporary basis the duties of the individual who made the record, and does not refer to an individual who permanently succeeds the maker of the record in his or her position. (2) Records of a law enforcement unit of an educational agency or institution which are: (i) Maintained apart from the records described in paragraph (a) of this definition; (ii) Maintained solely for law enforcement purposes, and (iii) Not disclosed to individuals other than law enforcement officials of the same jurisdiction; Provided, That education records maintained by the educational agency or institution are not disclosed to the personnel of the law enforcement unit. (3)(i) Records relating to an individual who is employed by an educational agency or institution which: (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) This paragraph does not apply to 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. (4) Records relating to an eligible student which are: (i) Created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity; (ii) Created, maintained, or used only in connection with the provision of treatment to the student, and (iii) Not disclosed to anyone other than individuals providing the treatment; Provided, That the records can be personally reviewed by a physician or other appropriate professional of the student's choice. For the purpose of this definition, "treatment" does not include remedial educational activities or activities which are part of the program of instruction at the educational agency or institution. (5) Records of an educational agency or institution which contain only information relating to a person after that person was no longer a student at the educational agency or institution. An example would be information collected by an educational agency or institution pertaining to the accomplishments of its alumni. (20 U.S.C. 1232g(a)(4)) "Eligible student" means a student who has attained eighteen years of age, or is attending an institution of postsecondary education. (20 U.S.C. 1232g(d)) "Financial Aid", as used in § 99.31(a) (4), means a payment of funds provided to an individual (or a payment in kind of tangible or intangible property to the individual) which is conditioned on the individual's attendance at an educational agency or institution. (20 U.S.C. 1232g(b)(1)(D)) "Institution of postsecondary education" means an institution which 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. (20 U.S.C. 1232g(d)) "Panel" means the body which will adjudicate cases under procedures set forth in §§ 99.65-99.67. "Parent" includes a parent, a guardian, or an individual acting as a parent of a student in the absence of a parent or guardian. An educational agency or institution may presume the parent has the authority to exercise the rights inherent in the Act unless the agency or institution has been provided with evidence that there is a State law or court order governing such matters as divorce, separation or custody, or a legally binding instrument which provides to the contrary. "Party" means an individual, agency, institution or organization. (20 U.S.C. 1232g(b)(4)(A)) "Personally identifiable" means that the data or information includes (a) the name of a student, the student's parent, or other family member, (b) the address of the student, (c) a personal identifier, such as the student's social security number or student number, (d) a list of personal characteristics which would make the student's identity easily traceable, or (e) other information which would make the student's identity easily traceable. (20 U.S.C. 1232g) "Record" means any information or data recorded in any medium, including, but not limited to: handwriting, print, tapes, film, microfilm, and microfiche. (20 U.S.C. 1232g) "Secretary" means the Secretary of the U.S. Department of Health, Education, and Welfare. (20 U.S.C. 1232g) "Student" (a) includes any individual with respect to whom an educational agency or institution maintains education records. (b) The term does not include an individual who has not been in attendance at an educational agency or institution. A person who has applied for admission to, but has never been in attendance at a component unit of an institution of postsecondary education (such as the various colleges or schools which comprise a university), even if that individual is or has been in attendance at another component unit of that institution of postsecondary education, is not considered to be a student with respect to the component to which an application for admission has been made. (20 U.S.C. 1232g(a)(5)) § 99.4 Student rights. (a) For the purposes of this part, whenever a student has attained eighteen years of age, or is attending an institution of postsecondary education, the rights accorded to and the consent required of the parent of the student shall thereafter only be accorded to and required of the eligible student. (b) The status of an eligible student as a dependent of his or her parents for the purposes of § 99.31(a)(8) does not otherwise affect the rights accorded to and the consent required of the eligible student by paragraph (a) of this section. (20 U.S.C. 1232g(d)) (c) Section 438 of the Act and the regulations in this part shall not be construed to preclude educational agencies or institutions from according to students rights in addition to those accorded to parents of students. § 99.5 Formulation of institutional policy and procedures. (a) Each educational agency or institution shall, consistent with the minimum requirements of section 438 of the Act and this part, formulate and adopt a policy of— (1) Informing parents of students or eligible students of their rights under § 99.6; (2) Permitting parents of students or eligible students to inspect and review the education records of the student in accordance with § 99.11, including at least: (i) A statement of the procedure to be followed by a parent or an eligible student who requests to inspect and review the education records of the student; (ii) With an understanding that it may not deny access to an education record, a description of the circumstances in which the agency or institution feels it has a legitimate cause to deny a request for a copy of such records; (iii) A schedule of fees for copies, and (iv) A listing of the types and locations of education records maintained by the educational agency or institution and the titles and addresses of the officials responsible for those records; (3) Not disclosing personally identifiable information from the education records of a student without the prior written consent of the parent of the student or the eligible student, except as otherwise permitted by §§ 99.31 and 99.37; the policy shall include, at least: (i) A statement of whether the educational agency or institution will disclose personally identifiable information from the education records of a student under § 99:31(a)(1) and, if so, a specification of the criteria for determining which parties are "school officials" and what the educational agency or institution considers to be a "legitimate educational interest", and (ii) a specification of the personally identifiable information to be designated as directory information under § 99.37; (4) Maintaining the record of disclosures of personally identifiable information from the education records of a student required to be maintained by § 99.32, and permitting a parent or an eligible student to inspect that record; (5) Providing a parent of the student or an eligible student with an opportunity to seek the correction of education records of the student through a request to amend the records or a hearing under Subpart C, and permitting the parent of a student or an eligible student to place a statement in the education records of the student as provided in § 99.21(c); (b) The policy required to be adopted by paragraph (a) of this section shall be in writing and copies shall be made available upon request to parents of students and to eligible students. (20 U.S.C. 1232g(e) and (f)) |