Note: By definition there can be no “attempted” assaults, only “completed” assaults. 1232g(b)(1)(C), (b)(3), and (b)(5)). DRAFT FERPA DIRECTORY INFORMATION GLOBAL DEFINITION PROPOSAL 2 Currently, FERPA directory information is defined through policy on an individual college basis, the result of which is a wide variety of definitions across the system. (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. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious injury if the crime were successfully completed.). Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, Title 34, Part 99--Family Educational Rights and Privacy, 20 U.S.C. FERPA permits public disclosure of directory information without the student's consent. 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. The touching of the private body parts of another person for the purpose of sexual gratification, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity. (d) If an educational agency or institution receives funds under one or more of the programs covered by this section, the regulations in this part apply to the recipient as a whole, including each of its components (such as a department within a university). "Education records" include records, files, documents, and other materials that contain information directly related to a student and are maintained by the University. The Family Educational Rights and Privacy Act (FERPA): A Legal Overview Congressional Research Service Summary The Family Educational Rights and Privacy Act (FERPA) of 1974 guarantees parental access to student education records, while limiting the disclosure of … (3) The notice must include all of the following: (i) The procedure for exercising the right to inspect and review education records. (b) The term does not include specific daily records of a student's attendance at an educational agency or institution. §99.34 What conditions apply to disclosure of information to other educational agencies or institutions? § 99.31. 1232g(b)(4)(B) and (f); 20 U.S.C. (b) Forcible Sodomy. 1234c). (c) A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. (b) A postsecondary institution does not have to permit a student to inspect and review education records that are: (1) Financial records, including any information those records contain, of his or her parents; (2) Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as the statements are used only for the purposes for which they were specifically intended; and. (ii) The annual notification of the agency or institution under §99.7 includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer; (2) Give the parent or eligible student, upon request, a copy of the record that was disclosed; and. (9)(i) The disclosure is to comply with a judicial order or lawfully issued subpoena. [53 FR 11943, Apr. (2) The disclosure meets the requirements of paragraph (a) of this section. 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]. An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. [65 FR 41854, July 6, 2000, as amended at 73 FR 74854, Dec. 9, 2008]. FERPA sets certain limits on the disclosure of student records. (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) Statutory Rape. George Mason University may disclose education records without consent in the circumstances described in 34 C.F.R. (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. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. (b)(1) Records of a law enforcement unit means those records, files, documents, and other materials that are—, (ii) Created for a law enforcement purpose; and. (a) An educational agency or institution that discloses an education record under §99.31(a)(2) shall: (1) Make a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless: (i) The disclosure is initiated by the parent or eligible student; or. (a)(1) Authorized representatives of the officials or agencies headed by officials listed in §99.31(a)(3) may have access to education records in connection with an audit or evaluation of Federal or State supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. (2) If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it shall inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both. [53 FR 11943, Apr. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. The term applicable program is defined in section 400 of the General Education Provisions Act. (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. (i) Inspect and review the student's education records; (ii) Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights; (iii) Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and §99.31 authorize disclosure without consent; and. (3) Those parties authorized in §99.31(a) (1) and (3) for the purposes of auditing the recordkeeping procedures of the educational agency or institution. (C) Are not available for use for any other purpose. §99.31 Under what conditions is prior consent not required to disclose information? 1232g - Family educational and privacy rights, Access the SPPO FERPA e-complaint form here. However, FERPA permits the disclosure of PII from a student’s education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. This disclosure is prohibited whether it is made by hand delivery, verbally, fax, mail, or electronic transmission. (i) Designate the individual or entity as an authorized representative; (A) The personally identifiable information from education records to be disclosed; (B) That the purpose for which the personally identifiable information from education records is disclosed to the authorized representative is to carry out an audit or evaluation of Federal- or State-supported education programs, or to enforce or to comply with Federal legal requirements that relate to those programs; and. (2)(i) A State or local educational authority or Federal official or agency listed in §99.31(a)(3) that makes further disclosures of information from education records under §99.33(b) must record the names of the additional parties to which it discloses information on behalf of an educational agency or institution and their legitimate interests in the information under §99.31 if the information was received from: (A) An educational agency or institution that has not recorded the further disclosures under paragraph (b)(1) of this section; or. (ii) An SEA and its components are subject to subpart B of this part if the SEA maintains education records on students who are or have been in attendance at any school of an educational agency or institution subject to the Act and this part. FERPA allows educational agency or institution to disclose personally identifiable information from an Education Record of a student without consent if the disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to: (e) The educational agency or institution, or SEA or its component shall not destroy any education records if there is an outstanding request to inspect and review the records under this section. (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. The carnal knowledge of a person, forcibly or against that person's will, or both; or not forcibly or against the person's will where the victim is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity (or because of his or her youth). 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