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Family Educational Rights and Privacy Act

What is a student record?

(a) Education records are 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.

An education record may include personal information, enrollment records, grades, and schedules.

(b) The term "education record" 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. [Authority: 20 U.S.C. 1232g(a)(4)]

(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.

(3)(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 that only contain information about an individual after he or she is no longer a student at that agency or institution.

(Authority: 20 U.S.C. 1232g(a)(4))

How Are Student Education Records to Be Stored?

Student education records are to be stored securely, regardless of the form or storage media. A student's education records may consist of, among other things, the display on a computer screen, notes taken during an advisement session, a class roster, a report or printout in an office, and a document in the Office of the Registrar.

Lesson 3. Basic Rules About Student Education Records ►

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