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Family Educational Right to Privacy Act.  (Buckley Ammendment)

(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.